USCIS recently settled a class action lawsuit regarding lengthy delays in processing of Employment Authorization Document (EAD) applications for individuals in F-1 student status. The settlement is welcome news to F-1 students who have been delayed in their ability to begin work following graduation due to long delays at USCIS.

On July 23, 2021, the District Court for the Southern District of Ohio Eastern Division issued a consent order, which outlines the terms of agreement between the parties. Key USCIS concessions agreed to in the settlement include:

• For applicants seeking an initial OPT and/or STEM extensions that were filed between October 1, 2020, through October 31, 2021, USCIS has committed to approving, denying, or issuing a request for evidence (an RFE) within 120 days of filing.

• The interim relief announced on February 26, 2021, continues for all cases filed between October 1, 2020, and October 31, 2021. This includes:

  • A full 12 months of OPT irrespective of the requirement OPT be completed within 14 months of graduation.

  • OPT will be granted for the full period recommended by the DSO, irrespective of the time of adjudication.

  • If an EAD has been issued for less than these time periods, USCIS will issue a corrected EAD upon request.

  • Rejected applications which were originally submitted on time can be resubmitted and will be processed as if received on the original date (the full period of OPT will be granted, but the original I-20 will be accepted without the requirement of a new I-20).

  • RFEs will be issued instead of a denial for missing or deficient signatures.

  • OPT applications can be submitted up to 120 days (instead of 90) before completion of the program until October 31, 2021.

This settlement offers much needed relief to similarly situated students.