Navigating the Extended Wait Time for OPT: What to Do When Your EAD Card Is Delayed

As a recent international student in the United States, you may be familiar with the process of securing an Employment Authorization Document (EAD) through Optional Practical Training (OPT). However, when you find yourself waiting longer than expected for your EAD card, it can be a source of frustration and uncertainty. In this guide, we will discuss what you can do when your OPT application is taking too long and how to manage the delay effectively.

Understanding the OPT and EAD Process

OPT is a component of F-1 student visa programs that allows international students to work legally in the U.S. for an extended period after completing their studies. The key steps in the process include submitting the relevant forms and obtaining a valid EAD card. Here’s a brief overview:

Submission of Forms: After completing your degree, you must submit the I-765 form to request an EAD card. DSO Review: Your school’s Designated School Official (DSO) must sign off on the form before it is sent to USCIS (United States Citizenship and Immigration Services). USCIS Processing: Once submitted, the application is processed by USCIS, typically within 90 to 120 days. EAD Card Issuance: Upon approval, the EAD card is issued, allowing you to work legally.

The process can sometimes take longer than the standard timeframe, which can leave you in a precarious situation where your EAD card is delayed and you are unsure about your legal work status.

What to Do When Your EAD Card Is Delayed

Here are several steps you can take to manage the delay and ensure you remain compliant and supported:

1. Check Your Application Status Online

The USCIS online status checker tool is a valuable resource. It allows you to track the processing status of your EAD application in real-time, helping you understand how long your application has been pending.

2. Contact Your DSO for Assistance

Your school’s DSO can provide helpful guidance and support during the OPT process. Reach out to them if you need additional verification or assistance in getting your application processed more quickly.

3. Apply for an Employment Authorization Extension (EAE)

If your EAD card is dangerously close to expiring and you haven’t been granted another one, you can apply for an Employment Authorization Extension (EAE), also known as an EAD extension. This document allows you to continue working legally in the U.S. until your new EAD card arrives. To apply, you need to file the I-765, Form I-765W, or Form I-1071, depending on the specific circumstances.

4. File a Request for Second Opinion (RFO)

If your application is delayed significantly and you feel it should have been processed by now, you can file a Request for Second Opinion (RFO) with USCIS. This can expedite the process if the delay is beyond the standard timeframe.

5. Take Appropriate Precautions

While waiting for your EAD card, it is crucial to maintain proper documentation and avoid any illegal work. You should also stay informed about any changes in USCIS policies and procedures that might affect your situation.

Examples of Dilemmas and Solutions

Here are a couple of scenarios to help clarify the situation:

Scenario 1: Waiting for 90 Days

**Situation:** You have already waited 90 days after your DSO has signed your I-765 form, and you are still waiting for your EAD card.

**Solution:** It is common to experience delays, especially during peak application periods. During this time, it is advisable to remain out of work until your EAD card is issued. If you have concerns, you can contact the USCIS Service Center directly to inquire about the status of your application. In some cases, you might be able to get an expedited processing which can be requested within 90 days, but it is not guaranteed.

Scenario 2: Beyond 120 Days

**Situation:** You have waited more than 120 days, and your EAD card remains unprocessed.

**Solution:** At this point, you should take action to expedite the process. Contact the USCIS Service Center to discuss your options. You might also consider filing a Request for Second Opinion (RFO) if you believe the agency is not processing your application appropriately. If you have a job offer with a specific start date, you can use that as a leverage point in your communication with USCIS.

Preventing Future Delays

To avoid delays and ensure a smoother OPT process, consider the following tips:

Stay Organized: Keep all your application documents and records organized. This will make it easier to provide the necessary information to USCIS. Follow Up Regularly: Keep track of the status of your application and follow up as needed. A proactive approach can help you stay informed and address any issues promptly. Use the Correct Form: Ensure that you are using the correct form and filling it out accurately. A mistake in the form can lead to delays in processing. Follow USCIS Guidelines: Always adhere to the guidelines provided by USCIS. Ignoring important instructions can result in delays or denials.

Conclusion

Obtaining an EAD card can be a challenging process, but with patience and the right approach, you can manage any delays and maintain a legal work status. By following the steps outlined in this guide, you can stay informed and take proactive measures to address any issues that may arise.

For further assistance, consult the official USCIS website or the resources provided in this guide. Good luck with your OPT application!