The Law Offices of Sabrina Li have successfully assisted another client, and we are delighted to share their case with you.
Our client, an international student, timely filed her I-765 to request a STEM OPT extension. Initially, she received a Request for Evidence (RFE), to which she diligently gathered all requested documents and submitted them to her online portal, anxiously awaiting the decision. Unfortunately, her case was denied less than two weeks after submitting the RFE response. USCIS alleged that her degree, a Master of Science in Marketing, was not listed on the STEM Designated Degree Program list. The denial was a significant setback for the client, threatening not only her continuous work authorization but also her long-term career and immigration aspirations.
For individuals like this client, who face an unfavorable decision that cannot be directly appealed, there are processes in place to challenge the decision. These include submitting a motion to reopen or a motion to reconsider. The client immediately reached out for our assistance after receiving the denial. Upon a thorough review of her case, we believed USCIS’s decision was problematic and were determined to fight for her rights.
Our legal team promptly devised and executed a targeted I-290B Motion to Reopen. Working on a tight schedule, we guided the client in securing critical evidence, including persuasive letters of support and comprehensive school records. Our attorneys' expertise was pivotal in drafting an in-depth brief that convincingly argued her petitioner's degree met the criteria for a STEM program and aligned with what DHS considers a STEM program.
Our strategic approach and the robustness of our argument led to the successful reversal of the initial denial after six months of anxious waiting. As a result, the client finally received the long-awaited EAD card following USCIS approval of her I-765 application for the STEM OPT extension.
Law offices of Sabrina Li have recently assisted many clients with STEM OPT denials based on similar reasons. This trend highlights USCIS's growing skepticism toward degrees traditionally classified as non-STEM, which have been reaccredited with a STEM CIP Code following significant curriculum restructuring to integrate STEM elements.
Form I-290B, Notice of Appeal or Motion, is primarily used to file:
It is important to note that there is no direct appeal for STEM OPT denials issued by USCIS. You should also be aware that this form must be filed within 30 days of receiving the decision notice from USCIS (or 33 days if the decision was mailed).
If you or someone you know is encountering a similar situation and needs the guidance of seasoned professionals, there's no better choice than turning to the Law Offices of Sabrina Li. Reach out to us today at (213) 375-8096 or send an email to info@sabrinali.law. We have successfully reversed many OPT and STEM OPT denials, and we are dedicated to offering the support and expertise you require. Don't hesitate to get in touch; we're here for you.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
