Can I work while my Form I-290B motion is pending?

No. Neither a Motion to Reopen nor a Motion to Reconsider authorizes employment or extends F-1 status. If the denied I-765 was your basis for employment authorization, you may not work based on that denied application while the motion is pending.

Will I lose my F-1 status if my OPT is denied?

Not automatically. Your F-1 status is not terminated solely because an OPT I-765 is denied, but your remaining time in F-1 status depends on your program end date, SEVIS record, any OPT or cap-gap status, and whether USCIS or SEVP identifies a status violation. Ask your DSO to confirm the grace-period calculation and whether you must depart, transfer, or seek another status.

Do I get my fee back after a denial?

No. Filing fees are generally final and non-refundable, regardless of the action USCIS takes on the application. For general Form I-765 filings, the current fee is $470 online or $520 by paper unless a category-specific fee, exemption, or waiver applies. If USCIS rejects the filing at intake rather than accepting it, the fee is generally not kept.

Was my OPT denied because I filed the wrong category code?

Quite possibly. USCIS does not correct category codes mid-adjudication. If you filed (c)(3)(B) when you needed (c)(3)(C), or vice versa, the denial often cites ineligibility or a missing required document. Withdrawing and refiling under the correct code is usually the right path, if your filing window is still open.

Does the October 2025 EAD auto-extension elimination apply to STEM OPT?

No. F-1 students with a pending STEM OPT extension application are not eligible for the increased automatic extension period of up to 540 days under 8 CFR § 274a.13(d). The separate STEM OPT rule allows continued employment authorization for up to 180 days while a timely filed STEM OPT extension application is pending, if the student otherwise meets the STEM OPT requirements.

I-765Mistakes to AvoidGuideJun 02, 2026

I-765 Denial Reasons for OPT: Why Applications Get Rejected

Most OPT denials come down to about 15 specific causes. Here's how to spot them, and what to do in the next 30 days.

Written byMichal

If USCIS just denied your Form I-765 for OPT, the clock is already ticking. Most OPT denials come down to about 15 specific causes tied to your eligibility category (c)(3)(A), (B), or (C). Here is how to diagnose what went wrong and what to do in the next 30 days.

If USCIS just denied your Form I-765 for OPT, the clock is already ticking. You generally have 30 calendar days from the date of service of the denial decision to file Form I-290B, or 33 calendar days if USCIS mailed the decision. How much F-1 time you have left depends on your program end date, your OPT status, and whether there's any status violation in play, so confirm the grace-period math with your DSO before you assume you get 60 days from the denial notice. What you do next hinges almost entirely on which eligibility category you filed under: (c)(3)(A) pre-completion, (c)(3)(B) post-completion, or (c)(3)(C) STEM extension. Almost every OPT denial traces back to one of about 15 specific causes. Most of them are tied to regulations the average DSO never really walks you through. The complete OPT filing guide covers how the process is supposed to work. This post is about where it falls apart, organized by the c-code on your I-765.

First, understand what just happened

Before you do anything, figure out what you actually got. Rejection, RFE, and denial are three different things. React the wrong way and you can lose your status.

A rejection happens before USCIS accepts the filing, usually for intake defects such as the wrong fee, wrong edition, missing signature, or missing required fields. USCIS generally does not keep the filing fee for a rejected filing, and you may be able to refile if your OPT filing window is still open.

A Request for Evidence (RFE) gets issued when USCIS needs more documentation before deciding the application. The response deadline will appear on the RFE notice; answer by that deadline and do not assume the case will keep moving while USCIS waits for your response.

A denial is the final adjudication decision on the Form I-765. The filing fee is not refunded. Under 8 CFR § 274a.13(c), there is no appeal from a Form I-765 denial, though a motion may be available. Your SEVIS record may reflect the denial, and you should ask your DSO how the denial affects your F-1 status and any remaining grace period.

Why "no appeal" does not mean "no recourse"

The USCIS Policy Manual, Vol. 10, Part A, Ch. 4 covers motions to reopen and motions to reconsider. If a motion is available, Form I-290B is generally due within 30 calendar days from the date of service of the adverse decision, or 33 calendar days if USCIS mailed the decision. The current Form I-290B fee is $800 unless a fee exemption or waiver applies. Neither motion lets you work or extends your F-1 status while it's pending.

Why OPT denials happen, organized by your eligibility category

OPT eligibility splits into three regulatory categories. The denial patterns inside each look pretty different.

Pre-completion OPT (c)(3)(A): the four traps

This category is for F-1 students before program completion; it is limited to part time while school is in session but may be full time during annual vacation or when school is not in session. Common denial causes:

Filing before completing one full academic year of full-time enrollment. 8 CFR § 214.2(f)(10) requires a full academic year before pre-completion OPT is available.
Going over 20 hours per week while school is in session, or planning to.
Using pre-completion OPT when post-completion would be more valuable. Pre-completion months get deducted from your 12-month post-completion allowance under 8 CFR § 214.2(f)(10)(ii)(A).
Failure to maintain F-1 status during the academic year.

Post-completion OPT (c)(3)(B): the seven most common denials

This is where USCIS denies the most OPT applications.

Late filing under the 30-day rule. Your I-765 has to reach USCIS within 30 days of the date your DSO entered the OPT recommendation in SEVIS, per 8 CFR § 214.2(f)(11)(i)(B)(1). It's the single most common reason these get denied.
Filing outside the 90-days-before-to-60-days-after window around your program end date.
12 months of full-time CPT already used. Full-time CPT over 12 months at one educational level wipes out OPT eligibility at that level.
Prior OPT used at the same educational level. OPT is capped at 12 months aggregate per educational level under 8 CFR § 214.2(f)(10)(ii)(A).
Wrong eligibility category on the form. Pick (c)(3)(A) when you meant (c)(3)(B), or (c)(3)(B) when you meant (c)(3)(C), and you usually have to withdraw and refile. USCIS will not fix the code for you.
F-1 status violation or SEVIS termination before adjudication.
Form defects: unsigned I-765, blank "reason for applying" block, outdated edition, photo non-compliance, wrong fee, or wrong payment method. As of the current USCIS Form I-765 page, the listed Form I-765 edition date is 01/20/25, and USCIS lists the general I-765 fee as $520 for paper filing or $470 for online filing unless a category-specific fee, exemption, or waiver applies. For paper filings, check the current USCIS fee-payment page and form page before mailing because USCIS payment rules have changed and may vary by form or exemption.

STEM OPT extension (c)(3)(C): the STEM-specific traps

STEM extensions come with a whole separate set of failure modes:

Non-STEM CIP code on your I-20. Your degree has to appear on the DHS STEM Designated Degree Program List. A degree title that sounds STEM is not enough. What controls is the CIP code on page 1 of your I-20.
Employer not enrolled in E-Verify, not in good standing, or the wrong E-Verify Company ID Number entered in Block 17.
EIN mismatch: the parent company's EIN entered when E-Verify is registered under a subsidiary, or vice versa.
Form I-983 deficiencies: missing signatures, weak training-plan fields, vague supervision language, or remote-work descriptions USCIS calls insufficient.
Filed more than 60 days after the DSO STEM recommendation in SEVIS. This is the STEM 60-day rule, separate from the post-completion 30-day rule, under 8 CFR § 214.2(f)(10)(ii)(C).
Two STEM extensions already used. The lifetime cap is two STEM extensions per applicant.
Material changes (employer, hours, work site) not reported via amended I-983.

Issues that can hit any OPT category

A few denial patterns cut across all three c-codes:

Biometrics or photo deficiencies. USCIS currently warns that submitted photos must be unmounted and unretouched; mounted or digitally altered photos may delay processing and may cause USCIS to require an Application Support Center appointment to verify identity. If USCIS schedules a biometrics appointment, attend it or properly reschedule under USCIS instructions, because USCIS may use biometrics to produce the EAD.
Background-check RFEs. USCIS may request additional evidence if it needs more documentation before deciding the application, including records relevant to eligibility or admissibility. If you have any arrest or court history, consider getting certified dispositions before filing and consult a qualified immigration attorney.
Country-specific travel or security policies can affect immigration processing, but do not assume an OPT I-765 is on hold based solely on nationality unless USCIS or another official agency notice specifically says so for your case. Check the latest USCIS, DHS, State Department, and Federal Register guidance before relying on any country-specific processing rule.

How to fix it: the 30-day decision

Your move depends on the denial reason and whether your filing window is still open.

Should you file Form I-290B?

A Motion to Reconsider argues that USCIS misapplied the law or the facts already in the record. The strongest case is a denial that cites the 30-day rule when USCIS actually received your I-765 in time. Lockbox dating errors do happen.

A Motion to Reopen brings in new facts or evidence that were not in the record at the time of decision: a corrected I-20, updated court records that resolve a background-check RFE, or a corrected I-983.

Form I-290B currently costs $800 unless a fee exemption or waiver applies, and it generally must be filed within 30 calendar days from the date of service of the denial decision, or 33 calendar days if USCIS mailed the decision. A motion does not, by itself, extend work authorization while it's pending.

Should you refile?

Refiling sounds simple, but there's a catch. Once USCIS records a denial in SEVIS, your DSO may not be able to issue a fresh I-20 for a new OPT recommendation, especially for post-completion OPT where the 60-day-after-program-end window has already closed. Refiling generally only works for pre-completion (if the academic year is still in progress) or STEM (if your post-completion EAD is still valid).

How to avoid all of this: a preventive checklist

If you haven't filed yet, run through this list:

Confirm the current I-765 edition on the USCIS Form I-765 page before filing. As of the current USCIS page, the listed edition date is 01/20/25. OPT applicants in categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) may file Form I-765 online, and the general online filing fee is $470 instead of the $520 paper filing fee unless a category-specific fee, exemption, or waiver applies.
Double-check the eligibility category code: (c)(3)(A), (B), or (C).
Make sure your DSO entered the recommendation in SEVIS within 30 days (post-completion) or 60 days (STEM) before USCIS receipt.
Confirm your I-20 lists the OPT recommendation on page 2, with matching dates.
For STEM: confirm your CIP code is on the DHS STEM list, your employer is E-Verify enrolled, and your I-983 is fully signed.
Submit photos that meet the current Form I-765 instructions, unless the online filing flow or USCIS instructions tell you otherwise, and prepare for a possible ASC biometrics appointment if USCIS schedules one.
Travel during a pending OPT request should be undertaken with caution, and you should not start OPT work before USCIS approves the application and you reach the authorized EAD start date.

Immiva's guided I-765 flow runs this checklist behind the scenes and flags any field that would trigger a known denial cause. Most attorneys charge $1,500 to $3,000 to do that manually.

Frequently Asked Questions

Can I work while my Form I-290B motion is pending?: No. Neither a Motion to Reopen nor a Motion to Reconsider authorizes employment or extends F-1 status. If the denied I-765 was your basis for employment authorization, you may not work based on that denied application while the motion is pending.
Will I lose my F-1 status if my OPT is denied?: Not automatically. Your F-1 status is not terminated solely because an OPT I-765 is denied, but your remaining time in F-1 status depends on your program end date, SEVIS record, any OPT or cap-gap status, and whether USCIS or SEVP identifies a status violation. Ask your DSO to confirm the grace-period calculation and whether you must depart, transfer, or seek another status.
Do I get my fee back after a denial?: No. Filing fees are generally final and non-refundable, regardless of the action USCIS takes on the application. For general Form I-765 filings, the current fee is $470 online or $520 by paper unless a category-specific fee, exemption, or waiver applies. If USCIS rejects the filing at intake rather than accepting it, the fee is generally not kept.
Was my OPT denied because I filed the wrong category code?: Quite possibly. USCIS does not correct category codes mid-adjudication. If you filed (c)(3)(B) when you needed (c)(3)(C), or vice versa, the denial often cites ineligibility or a missing required document. Withdrawing and refiling under the correct code is usually the right path, if your filing window is still open.
Does the October 2025 EAD auto-extension elimination apply to STEM OPT?: No. F-1 students with a pending STEM OPT extension application are not eligible for the increased automatic extension period of up to 540 days under 8 CFR § 274a.13(d). The separate STEM OPT rule allows continued employment authorization for up to 180 days while a timely filed STEM OPT extension application is pending, if the student otherwise meets the STEM OPT requirements.

Conclusion

Many I-765 denials for OPT come down to the same handful of causes: missed filing windows, the wrong eligibility category code, an outdated form edition, or an I-983 with thin training plan content. The Form I-290B motion clock generally runs 30 calendar days from the date of service of the denial decision, or 33 calendar days if USCIS mailed the decision. Your F-1 grace-period calculation depends on your program end date, OPT or STEM OPT status, SEVIS record, and any status violation issues. Diagnose which c-code applies, identify the specific denial cause, and pick the next step deliberately with your DSO or a qualified immigration attorney.

Official Sources

This guide reflects USCIS policy and federal regulations reviewed as of May 13, 2026. Because immigration fees, form editions, online filing options, and processing policies change frequently, readers should confirm the current Form I-765 page, Form I-290B page, USCIS fee schedule, and USCIS online-filing page before filing.

USCIS Resources

USCIS Form I-765 Official Page
Form I-765 Instructions PDF
Optional Practical Training (OPT) for F-1 Students
STEM OPT Extension Page
Cap-Gap Extension Page
USCIS Policy Manual, Vol. 2, Part F, Ch. 5 (Practical Training)
USCIS Policy Manual, Vol. 10, Part A, Ch. 4 (Adjudications, RFEs, Denials)
USCIS Policy Manual, Vol. 2, Part F, Ch. 5, Practical Training, and current USCIS STEM OPT guidance
Remove this source unless a current official USCIS or DHS page for PM-602-0194 is available and directly supports the claim made in the article.
USCIS Processing Times Tool
USCIS Fee Schedule

Federal Regulations

Federal Register

Immigration and Nationality Act

INA § 274A (8 U.S.C. § 1324a): Unlawful employment of aliens

DHS / SEVP

Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.