Problem: 

Client’s I-765 Application for Employment Authorization for OPT was issued a Request for Evidence. Based on the documents in the RFE, USCIS questioned how Client was able to live and go to school in the U.S. for over 7 years without the ability to earn income. In other words, USCIS questioned whether Client engaged in unauthorized employment.

Solution:

After careful analysis of the RFE, we generated a comprehensive list of documents needed to prepare the response. We prepared a detailed legal brief in response to the issues identified on the RFE, and a detailed index of all the evidence submitted to supplement the record. When the response was ready to be sent out, it contained nearly 600 pages. Among other documents, we submitted an accounting of all the funds wired to the U.S. from Client’s parents abroad, and evidence of support provided by other financial sponsors including Client’s spouse.

Outcome:

Client’s case was approved and the OPT card was received in a matter of days after approval. Not only do we track the case status of each case, but we also proactively make inquiries if there are delays. For F-1 students who need more time to complete their degrees, or are delayed because they change their majors, please make sure you document the financial support you are receiving from family and friends so that you can overcome the presumption that you have engaged in unauthorized employment.