F-1 International Students get one year of employment after graduation, called Optional Practical Training (OPT). For STEM graduates (Science, Technology, Engineering and Math) an additional two years of OPT is available. It should be obvious to everyone that the US has a severe shortage of trained people in each of these categories. That is obvious to everyone but the employees of the USCIS.
Since last Fall, CIS has been demanding a long list of documents from STEM OPT applicants. Recently, they have begun to deny these applications unless each and every requested document is presented exactly the way CIS “requires” it.
This list includes absurd items such as bank statements for the last year, including ALL deposits and withdrawals. This is in addition to pay stubs, W-2s, etc. to prove employment with the STEM employer. However, as a matter of law, the Service’s regulations only require proof of employment in a position related to the degree last received, with an explanation of the training provided and by whom. Traditionally, this was evidenced by a detailed letter from the STEM employer. However, the new list of “required” documents goes far beyond this, and is much closer to harassment than meeting a legal requirement.
To make matters worse, the STEM OPT application will be denied unless the student provides every document demanded by CIS after the application is filed. Normally, students and their employer (as opposed to an attorney) can provide the documents required by the Service after the application is filed. Therefore, we normally advise our clients that they do not necessarily require the services of an attorney.
Unfortunately, these new requests are so onerous that missing even one document can result in denial, making an attorney necessary more often than not. Further, these requests are standard; there does not appear to be any deviation from one case to the next. Regardless, there is really no room for error. If the application is denied, it almost always means the applicant is out of status, or at best only has the 60-day grace period for F-1 status remaining.
