On April 12, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that international students holding F-1 Student Visas will be able to apply for the Employment Authorization Document using the Form I-765, Application for Employment Authorization, online. However, this applies only to students seeking one of three categories of optional practical training (OPT). The three categories are as follows:
- (c)(3)(A) – Pre-Completion OPT;
- (c)(3)(B) – Post-Completion OPT; and
- (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.
OPT is temporary employment F-1 students can apply for, although the employment must be related to their field of study. Students are able to obtain authorization for up to 12 months of OPT employment either before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). While students who obtain STEM degrees may apply for a 24-month extension of their post-completion OPT.
According to the Senior Official Performing the Duties of USCIS Director Tracy Renaud, “USCIS remains committed to maximizing our online filing capabilities. The I-765 online filing option allows eligible students to file forms online in a more user-friendly fashion and increases efficiencies for adjudicators.”
Currently, the option for filing the I-765 online is limited to OPT employment authorization. If any individual attempts to file Form I-765 for any other category, their application will be denied and USCIS will retain their filing fee.
Filing forms online allows individuals to file their forms electronically, check the status of their case at any time, and receive updates and notifications online rather than having to wait for them to arrive in the mail. For now, USCIS allows individuals to file the following 11 forms online:
- AR-11 | Alien’s Change of Address Card
- G-639 | Freedom of Information/Privacy Act and Online FOIA Request
- I-90 | Application to Replace Permanent Resident Card
- I-130 | Petition for Alien Relative
- I-539 | Application To Extend/Change Nonimmigrant Status
- I-765 | Application for Employment Authorization
- Filing under one of these categories:
- (c)(3)(A) – Pre-completion OPT;
- (c)(3)(B) – Post-completion OPT; and
- (c)(3)(C) – 24-month extension for science, technology, engineering and mathematics (STEM) students
- Filing under one of these categories:
- N-336 | Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)
- N-400 | Application for Naturalization
- N-565 | Application for Replacement Naturalization/Citizenship Document
- N-600 | Application for Certificate of Citizenship
- N-600K | Application for Citizenship and Issuance of Certificate Under Section 322
Please do not hesitate to contact our Sacramento immigration law office if you wish to discuss this or any other immigration-related matter.