This post is for F-1 students whose Form I-765 for post-completion OPT, or for the 24-month STEM OPT extension, was denied. It covers what official sources say about the denial notice, your F-1 status, the motion USCIS allows instead of an appeal, filing a new application, your DSO's role and the separate rules for a STEM OPT denial.
It doesn't repeat how to apply. For that, see how to apply for OPT and the OPT filing window. If USCIS sent you a request for evidence first, see OPT RFE: what a request for evidence means.
Not legal advice. This article summarizes official U.S. government sources. It is not legal or immigration advice. EADly is not a law firm and is not affiliated with USCIS, DHS or ICE. Deadlines after a denial are short. Talk to your DSO and a qualified immigration attorney now. Last checked October 22, 2026. Each source's own date is in the Sources list.
At a glance
| Question | What official sources say | Source |
|---|---|---|
| Will I learn why? | USCIS notifies you in writing and, for a denial, of "the reason or reasons for the denial" | 8 CFR 214.2(f)(11)(iii)(B) |
| Can I appeal? | "The applicant may not appeal the decision." USCIS's Form I-290B chart lists no appeal for Form I-765, but a motion is available | 8 CFR 214.2(f)(11)(iii)(C); USCIS, When to Use Form I-290B |
| What about my F-1 status? | For post-completion OPT, status "expires 60 days from the date the degree program ends or the date of the denial, whichever is later," unless the denial was for failing to maintain status | USCIS Policy Manual, Vol. 2, Pt. F, Ch. 5 |
| Can I file a new I-765? | Only inside the regulation's filing window: up to 90 days before and no later than 60 days after your program end date, and within 30 days of the DSO's recommendation | 8 CFR 214.2(f)(11)(i)(B)(2) |
| What does SEVIS show? | The OPT request status changes to Denied | SEVIS Help Hub, F-1 OPT |
What the denial notice tells you
- The reasons. The OPT regulation says USCIS will notify you "in writing, and, if the application is denied, of the reason or reasons for the denial" (8 CFR 214.2(f)(11)(iii)(B)). USCIS's general rule says the officer "shall explain in writing the specific reasons for denial" (8 CFR 103.3(a)(1)(i)). The Form I-765 instructions say you "will receive a written notice explaining the basis of your denial" (I-765 instructions).
- Your options for review. USCIS says "Your denial or revocation notice will provide information about whether the decision may be appealed," and that it "will include information about which form to use to file your motion" (USCIS, Questions and Answers: Appeals and Motions).
- The date. The motion deadline runs from the date of the decision. If USCIS mailed it, "the 'date of service' is the date we mailed the decision, not the date you received it" (USCIS, Form I-290B).
Keep the notice, and write down its date and every reason it gives. Your DSO and your attorney will need them.
What official sources say about your F-1 status
After a post-completion OPT denial
The USCIS Policy Manual is the official source that addresses this case directly:
"If post-completion OPT is denied, the student's F-1 status expires 60 days from the date the degree program ends or the date of the denial, whichever is later. However, if the application is denied because the student failed to maintain F-1 status, they must immediately depart the United States." (USCIS Policy Manual, Vol. 2, Pt. F, Ch. 5, current as of October 2, 2026)
Two regulation paragraphs are related:
- The 60-day period after studies. A student "who has completed a course of study and any authorized practical training following completion of studies will be allowed an additional 60-day period to prepare for departure from the United States or to transfer." A student who "otherwise fails to maintain status is not eligible for an additional period for departure" (8 CFR 214.2(f)(5)(iv)).
- Status while an OPT application is pending. For a student "with approved post-completion OPT," duration of status begins "on the date that the student's application for OPT was properly filed and pending approval" and ends "60 days after the OPT employment authorization expires" (8 CFR 214.2(f)(10)(ii)(D)). That paragraph describes approved OPT.
Flag: different starting points. We found no sentence in 8 CFR 214.2(f) about F-1 status after an OPT denial. The regulation's 60-day period follows completion of studies. The Policy Manual counts 60 days from the program end date or the denial date, whichever is later. Ask your DSO which date your SEVIS record uses, and ask an attorney how it applies to you.
Work after a denial
A denied application means no EAD for that request. The SEVIS Help Hub describes the EAD as issued on approval: "If the application is approved, USCIS issues an EAD" (SEVIS Help Hub, F-1 OPT). The regulation says a student "may not begin OPT employment prior to the approved start date on his or her Employment Authorization Document" (8 CFR 214.2(f)(11)(i)(D)). On-campus jobs after graduation have their own rule. See Can you work while your OPT or STEM OPT application is pending?
Travel
The SEVIS Help Hub says a student "may not depart and return to the United States during the grace period," and "If the student departs the United States before the end of this grace period, the rest of the grace period is lost" (SEVIS Help Hub, Complete Student SEVIS Status). Talk to your DSO before any trip.
No appeal, but a motion: Form I-290B
Why there's no appeal
- The OPT regulation: "The applicant may not appeal the decision." (8 CFR 214.2(f)(11)(iii)(C))
- The employment authorization regulation: "There shall be no appeal from the denial of the application." (8 CFR 274a.13(c))
- USCIS's chart of which decisions can be reviewed lists Form I-765 as No for an appeal and Yes for a motion to reopen or reconsider (USCIS, When to Use Form I-290B). USCIS adds: "You may file a motion even if your case is not eligible for an appeal." (Appeals and Motions Q&A)
A motion goes to "the USCIS office that issued the latest decision in your case" (USCIS, Form I-290B), not to the Administrative Appeals Office.
Two kinds of motion
| Motion | What the Form I-290B instructions say it must do |
|---|---|
| Motion to reopen | "state new facts and must be supported by documentary evidence demonstrating eligibility for the requested immigration benefit at the time you filed the application or petition" |
| Motion to reconsider | "state the reasons for reconsideration," be supported by any pertinent precedent decisions showing "an incorrect application of law or service policy," and "establish that the decision was incorrect based on the evidence of record at the time of the decision" |
Source: Form I-290B instructions, edition 05/31/24. You can also file both together; USCIS decides each part separately (same instructions).
If the denial was for abandonment. If an applicant "fails to respond to a request for evidence or to a notice of intent to deny by the required date, the benefit request may be summarily denied as abandoned, denied based on the record, or denied for both reasons" (8 CFR 103.2(b)(13)(i)). A motion to reopen an abandonment denial must come with evidence that the decision was in error because the requested evidence was not material; the required evidence was submitted, or the request was complied with, on time; or the request was sent to an address other than the one on the application, or to an old address after you told USCIS in writing that you had moved (8 CFR 103.5(a)(2)). How RFEs work is in our RFE post.
Deadline, fee and filing
- Deadline. "If you are eligible to file Form I-290B, in most cases, you must file your appeal or motion within 30 calendar days of the date of service of the adverse decision (or within 33 calendar days if we mailed the decision to you)." USCIS "will deny a late-filed motion," except that it may excuse a late motion to reopen if "the delay was reasonable and beyond your control" (USCIS, Form I-290B).
- Fee. The general Form I-290B fee is $800 under the USCIS fee schedule, Form G-1055, edition 10/16/26 (G-1055). Check the schedule again before you file.
- Form and address. USCIS lists the 05/31/24 edition. It changed the Form I-290B mailing addresses on October 7, 2026 and says it will "accept forms postmarked on or before Nov. 9, 2026, that are sent to any prior filing location." Use the Form I-290B direct filing addresses page.
- One form per filing. "You must file a separate Form I-290B for each motion or appeal." A combined motion to reopen and reconsider goes on one form, but you can't select both an appeal and a motion on the same form (Form I-290B instructions). USCIS says it "will reject any unsigned form" (USCIS, Form I-290B).
- A written letter isn't a motion. "A written letter submitted to USCIS is not considered a motion." (Appeals and Motions Q&A)
A motion doesn't pause the denial
USCIS says: "Filing a motion, however, does not delay any decision in your case from going into effect or extend a previously set departure date." (Appeals and Motions Q&A) The regulation says the same about a motion "or of a subsequent application or petition" (8 CFR 103.5(a)(1)(iv)).
Whether a motion fits your facts, and which kind, is a question for an immigration attorney.
Filing a new Form I-765 instead
The deadlines for a new post-completion OPT application are the same ones that applied the first time (8 CFR 214.2(f)(11)(i)(B)(2) and (D)):
- Program end date window: "up to 90 days prior to his or her program end date and no later than 60 days after his or her program end date."
- DSO recommendation: filed "within 30 days of the date the DSO enters the recommendation for OPT into his or her SEVIS record."
- Start date: "A student may not request a start date that is more than 60 days after the student's program end date."
What official sources add:
- The SEVIS Help Hub, written for DSOs, says that when an application is filed before the DSO recommendation or after the 30-day period, USCIS will deny it, and "The student will have to reapply for OPT and pay the fee again." (SEVIS Help Hub, F-1 OPT)
- The DSO must update SEVIS "with the DSO's recommendation for OPT before the student can apply to USCIS" (8 CFR 214.2(f)(11)(ii)(B)). The SEVIS Help Hub lists "Recommend optional practical training" among the actions DSOs can take during the grace period (Complete Student SEVIS Status). Ask your DSO whether a new recommendation is needed.
- The Form I-765 fee is $470 online or $520 on paper under G-1055 edition 10/16/26 (G-1055).
- A new application doesn't pause the denial or extend a departure date (8 CFR 103.5(a)(1)(iv)).
Whether a new filing could fix the reason for the denial is a question for your DSO and an attorney. The filing steps are in how to apply for OPT, and the window is explained on the OPT filing window page.
Fictional example: when the window is still open, and when it isn't
Fictional dates, for arithmetic only. Not your dates. Program end date: Friday, May 15, 2026. The 60 days after it end on Tuesday, July 14, 2026.
| Denied Friday, June 19, 2026 | Denied Thursday, August 6, 2026 | |
|---|---|---|
| Motion, if the decision was mailed (33 days) | by Wednesday, July 22, 2026 | by Tuesday, September 8, 2026 |
| A new I-765 under the 60-day rule | USCIS would have to receive it by July 14, 2026, and within 30 days of a DSO recommendation | The 60-day window closed on July 14, 2026, before the denial |
| 60 days after the later of the program end date and the denial (Policy Manual wording) | August 18, 2026 | October 5, 2026 |
The last row is calendar math on the Policy Manual sentence quoted above. It doesn't apply to a denial for failing to maintain status, and it doesn't settle which date your SEVIS record uses. Ask your DSO.
Your DSO and your SEVIS record
- The school stays responsible. When a DSO recommends OPT, "the school assumes the added responsibility for maintaining the SEVIS record of that student for the entire period of authorized OPT" (8 CFR 214.2(f)(11)(ii)).
- The status updates itself. OPT request statuses reach SEVIS through an interface with USCIS. "If the Form I-765 is denied, the OPT Request status in SEVIS changes to Denied." (SEVIS Help Hub, F-1 OPT)
- Wrong data can be corrected. "If OPT information in SEVIS does not reflect applications filed with or decisions made by USCIS, DSOs can ask to have the record corrected" (same page).
- The record completes after the grace period. "SEVIS auto-completes the student's record after the appropriate grace period has passed." During the grace period, the SEVIS Help Hub lists applying to a new academic program to start within five months, applying to USCIS for a change of class of admission, and preparing to depart (Complete Student SEVIS Status).
Which of these options fits you, if any, is a judgment for your DSO and an immigration attorney.
If your STEM OPT extension is denied
A STEM OPT denial follows different rules, because a timely STEM application can keep you working after your OPT EAD expires.
- The 180-day extension ends at the decision. Work is authorized from the OPT EAD's expiration "and ending on the date of USCIS' written decision on the current Form I-765 or successor form, but not to exceed 180 days" (8 CFR 274a.12(b)(6)(iv)). USCIS: "This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application." (USCIS, STEM OPT)
- Denied after your OPT EAD expired. "OPT employment authorization ends on the date of the decision and the student's F-1 status ends 60 days after the date of denial." (USCIS Policy Manual, Ch. 5)
- Denied while your OPT EAD is still valid. "The student will remain employment authorized until the expiration date of the EAD" (same chapter). For the period after a post-completion OPT EAD expires, the same chapter says a student "may remain in F-1 status for 60 days beyond the EAD expiration date." Ask your DSO how this applies after a STEM denial.
- Denied for a status violation. "If the application was denied because the student failed to maintain F-1 status, the student must immediately depart the United States" (same chapter).
- Late STEM applications. "If USCIS receives your Form I-765 after the end date for your post-completion OPT, the STEM OPT extension application will be denied." (Study in the States, Applying for Practical Training)
- Review. The Form I-290B chart covers Form I-765 in general: no appeal, motion available (When to Use Form I-290B).
Fictional example: a STEM denial after the OPT EAD expired
Fictional dates. Not your dates. An OPT EAD expires Tuesday, June 30, 2026. USCIS received the STEM application on June 1, 2026, and denies it on Tuesday, September 15, 2026.
- The 180-day extension would have run no later than December 27, 2026 (the "Card Expires" date plus 180 days, as the M-274 handbook counts it). The denial ends it on September 15, 2026.
- Under the Policy Manual wording, F-1 status ends 60 days after the denial: November 14, 2026.
Talk to your DSO and an immigration attorney now
The motion clock is about 30 days, and the filing window for a new application may already be closing. Don't wait.
Bring:
- the denial notice, and the envelope if it came by mail;
- your Form I-765 copy and the Form I-797 receipt notice;
- any RFE or notice of intent to deny, your response and proof of when USCIS received it;
- every Form I-20, including the one with the OPT or STEM OPT recommendation;
- your passport and I-94 record; and
- for STEM OPT, your OPT EAD and your Form I-983.
Ask your DSO:
- What does SEVIS show now, and which grace-period date does it use?
- Is a new recommendation possible, and by when would USCIS need a new application?
- Which options listed for the grace period could apply to me: a new program, a transfer or a change of status?
Ask an attorney:
- Does a motion to reopen or reconsider fit the reasons in my notice?
- Is a new application a better route, or both?
- What does this mean for any other application I have pending?
Keeping the dates in EADly
EADly is a private, local-first app for iPhone and Android. After a denial it can hold the facts you'll be asked for:
- Update status → OPT: USCIS notice (RFE, NOID or intent to revoke), or the STEM OPT version: if USCIS sent an RFE or NOID before the denial, this saves that notice with its dates and your response date, and records its outcome, including Denied, with the decision date. EADly has no separate record for a denial that came without an earlier notice; keep that denial notice in the Document Vault.
- USCIS receipts saves your receipt numbers and opens the official USCIS Case Status site. It doesn't fetch your status itself.
- Document Vault keeps the notice, your I-20s and your evidence, encrypted on the device. EADly Free holds 1 file; EADly Plus has no file-count limit.
What it doesn't do: EADly doesn't file a motion or an application, doesn't change your SEVIS record, and doesn't work out a status end date after a denial or decide which option fits you.
Get EADly on the App Store or Google Play. It's a free download, and every F-1 job (OPT, STEM OPT and CPT) is free to save.
Common questions
Can I appeal an OPT denial?
No. The regulation says "The applicant may not appeal the decision," and USCIS's Form I-290B chart lists no appeal for Form I-765. The same chart lists a motion to reopen or reconsider as available.
How long do I have to file a motion?
USCIS says that in most cases you must file within 30 calendar days of the date of service, or 33 calendar days if the decision was mailed. The date of service is the mailing date, not the day you received it.
How much does Form I-290B cost?
The general fee is $800 under the USCIS fee schedule, Form G-1055, edition 10/16/26. Check the schedule before you file.
Does filing a motion let me stay or work while USCIS decides?
USCIS says filing a motion "does not delay any decision in your case from going into effect or extend a previously set departure date." Ask an attorney about your situation.
What happens to my F-1 status after a post-completion OPT denial?
The USCIS Policy Manual says F-1 status "expires 60 days from the date the degree program ends or the date of the denial, whichever is later." If the denial was for failing to maintain F-1 status, it says you must depart immediately. Ask your DSO which date SEVIS uses.
Can I file a new OPT application after a denial?
Only within the regulation's deadlines: no later than 60 days after your program end date and within 30 days of your DSO's recommendation. Your DSO can tell you whether a new recommendation is possible. The fee is $470 online or $520 on paper.
What happens if my STEM OPT extension is denied?
If your OPT EAD has expired, the Policy Manual says work authorization ends on the decision date and F-1 status ends 60 days after the denial. If your OPT EAD is still valid, you remain authorized until it expires.
Sources
All checked October 22, 2026. The date in brackets is the date each page showed.
- 8 CFR 214.2(f)(5)(iv), (f)(10)(ii)(D), (f)(11)(i)(B), (f)(11)(i)(D), (f)(11)(ii) and (f)(11)(iii), eCFR as of Sept 14, 2026: https://www.ecfr.gov/on/2026-09-14/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.2 [eCFR version of 09/14/2026; checked October 22, 2026. We cite this version because USCIS says it "will proceed under the previous regulatory provisions" while a court order postpones the July 17, 2026 rule: https://www.uscis.gov/i-765]
- 8 CFR 103.2(b)(13)(i), eCFR as of Sept 14, 2026: https://www.ecfr.gov/on/2026-09-14/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.2 [checked October 22, 2026]
- 8 CFR 103.3(a)(1), eCFR as of Sept 14, 2026: https://www.ecfr.gov/on/2026-09-14/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.3 [checked October 22, 2026]
- 8 CFR 103.5(a), eCFR as of Sept 14, 2026: https://www.ecfr.gov/on/2026-09-14/title-8/chapter-I/subchapter-B/part-103/subpart-A/section-103.5 [checked October 22, 2026]
- 8 CFR 274a.12(b)(6)(iv), eCFR as of Sept 14, 2026: https://www.ecfr.gov/on/2026-09-14/title-8/chapter-I/subchapter-B/part-274a/subpart-B/section-274a.12 [checked October 22, 2026]
- 8 CFR 274a.13(c), eCFR as of Sept 14, 2026: https://www.ecfr.gov/on/2026-09-14/title-8/chapter-I/subchapter-B/part-274a/subpart-B/section-274a.13 [checked October 22, 2026]
- USCIS Policy Manual, Vol. 2, Pt. F, Ch. 5: https://www.uscis.gov/policy-manual/volume-2-part-f-chapter-5 [current as of 10/02/2026; checked October 22, 2026]
- USCIS, Form I-290B, Notice of Appeal or Motion: https://www.uscis.gov/i-290b [last reviewed 10/07/2026; checked October 22, 2026]
- USCIS, When to Use Form I-290B, Notice of Appeal or Motion: https://www.uscis.gov/i-290b/eligibility [last reviewed 04/03/2025; checked October 22, 2026]
- USCIS, Instructions for Form I-290B: https://www.uscis.gov/sites/default/files/document/forms/i-290binstr.pdf [edition 05/31/24; checked October 22, 2026]
- USCIS, Questions and Answers: Appeals and Motions: https://www.uscis.gov/forms/all-forms/questions-and-answers-appeals-and-motions [last reviewed 05/14/2024; checked October 22, 2026]
- USCIS, Form G-1055, Fee Schedule: https://www.uscis.gov/g-1055 [edition 10/16/26; checked October 22, 2026]
- USCIS, Form I-765, Application for Employment Authorization: https://www.uscis.gov/i-765 [last reviewed 10/07/2026; checked October 22, 2026]
- USCIS, Instructions for Form I-765: https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf [edition 08/21/25; checked October 22, 2026]
- USCIS, Optional Practical Training Extension for STEM Students (STEM OPT): https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-extension-for-stem-students-stem-opt [last reviewed 01/30/2026; checked October 22, 2026]
- USCIS, Handbook for Employers M-274, 7.4.2 F-1 and M-1 Nonimmigrant Students: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/74-exchange-visitors-and-students/742-f-1-and-m-1-nonimmigrant-students [last reviewed 04/02/2025; checked October 22, 2026]
- Study in the States, SEVIS Help Hub, F-1 Optional Practical Training (OPT): https://studyinthestates.dhs.gov/sevis-help-hub/student-records/fm-student-employment/f-1-optional-practical-training-opt [last updated 05/19/2025; checked October 22, 2026]
- Study in the States, SEVIS Help Hub, Complete Student SEVIS Status: https://studyinthestates.dhs.gov/sevis-help-hub/student-records/completions-and-terminations/complete-student-sevis-status [last updated 07/27/2026; checked October 22, 2026]
- Study in the States, Applying for Practical Training: https://studyinthestates.dhs.gov/students/work/applying-for-practical-training [last updated 08/24/2026; checked October 22, 2026]
This article summarizes official U.S. government sources and is not legal or immigration advice. EADly is not a law firm and is not affiliated with USCIS, DHS or ICE.