7/28/2021

On 7/23/21, the District Court for the Southern District of Ohio Eastern Division issued a consent order in Li v. USCIS, a class action lawsuit challenging the delayed adjudication of applications for Optional Practical Training (OPT). This consent order makes USCIS promise following:

For all OPT and STEM extensions filed between October 1, 2020, through October 31, 2021

• USCIS commits to processing within 120 days. Processing means that the application will be approved, denied or an RFE issued within 120 days;
• 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);
• Requests for Evidence 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;
• USCIS will provide monthly reports until all cases filed before October 31, 2021, have been adjudicated, to permit the Court and Plaintiff’s counsel to monitor compliance.
• USCIS will pay Plaintiff’s counsel $45,000.00

This is another big win forcing government do its job in good faith. There are two more lawsuits we should watch. One is against USCIS regarding H lottery abuse; and the other is against DOS’ denials of Chinese students’ F and J visa. It is great to see more and more foreigners fighting for their rights in court. No matter what the outcome will be, we are no longer silent on unfair treatment. 

Attorney Jing Feng is a decorated immigration lawyer who has been working in immigration for years. She has notable experience in this domain, and has successfully gained U.S. residency for thousands of her clients. For more consultation on visa preparation, please contact Jing Feng Law Group, PLLC at jfeng@fengvisa.com or 646-288-7129. We look forward to hearing from you!