Turning the Tide: How We Challenged USCIS's STEM OPT Denial Based on CIP Code Designation
July 19, 2024

Table of ContenTS

At the Law Offices of Sabrina Li, we fully understand the challenges that international students face in maintaining their legal status while pursuing their professional goals in the United States. Recently, we had the honor of assisting an international MBA graduate in Finance in overturning a denial for STEM OPT. We are excited to share his inspiring success story with you.

Navigating a STEM OPT Denial

An international graduate from a prestigious business school, holding a Master of Business Administration (MBA) with a major in Finance, encountered a significant setback when USCIS denied his I-765 application for a 24-month STEM OPT extension. The denial was based on an alleged misalignment between the degree program and the designated STEM CIP code, even though the school’s curriculum was designed to meet STEM standards.

Strategic Legal Response: Crafting the Motion to Reopen (I-290B)

Facing this unexpected denial, the graduate reached out to the Law Offices of Sabrina Li for assistance. With a thorough review of the graduate's program and transcript, our team structured an argument to demonstrate the alignment of the Finance major within the MBA program with a recognized STEM CIP Code. We emphasized the quantitative and analytical focus of the Finance curriculum, showcasing how it meets the criteria for STEM designation.  

Additionally, we cited and applied various regulatory resources and authoritative guidelines, highlighting institutional practices in assigning CIP codes, to support our case and counter USCIS's misinterpretation of the STEM OPT rule.  

By presenting these key points, we effectively argued that the program met the STEM requirements and warranted the approval of the OPT extension.

Achieving a Positive Outcome

Our strategic approach and comprehensive preparation led to a favorable result. Within six months of filing, USCIS granted the motion and approved the I-765 application for STEM OPT extension. This victory enabled our client to continue their professional journey in the United States.

Recent Trends in STEM OPT Denials and Our Success in Challenging Them

STEM OPT (Science, Technology, Engineering, and Mathematics Optional Practical Training) is an extension of the standard Optional Practical Training (OPT) program that allows international students with degrees in designated STEM fields to work in the United States for an additional 24 months after their initial 12-month OPT period. This program is available to students who have earned degrees from accredited U.S. institutions in STEM fields.  

We have observed a troubling trend of STEM OPT denials based on CIP code designations, with USCIS increasingly skeptical of degrees traditionally classified as non-STEM, even when significant curriculum restructuring has integrated STEM elements. By utilizing Form I-290B, Notice of Appeal or Motion, we have helped clients successfully challenge these denials.  

Our office has been welcoming approvals one after another, showcasing the effectiveness and persuasiveness of our legal strategies. This success underscores the critical importance of presenting a well-documented and compelling argument when contesting such denials. Through meticulous preparation and timely filing of the I-290B form, we have effectively reversed numerous STEM OPT denials, ensuring our clients can continue their professional journeys in the United States.

Seeking Legal Professional Help

If you or someone you know is facing a similar issue, the Law Offices of Sabrina Li is here to help. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a legal specialist in immigration and nationality law. Under her leadership, our legal team is well-versed in handling complex immigration matters. We have a proven track record of successfully reversing OPT and STEM OPT denials. Contact us at (213) 375-8096 or email info@sabrinali.law. Our team is dedicated to providing the support and expertise needed to navigate these challenging issues. Don't hesitate to reach out; we're here to help you achieve your goals.

Need Assistance?

Request A Consultation Today

Contact Us

Holistic Approach

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.

Personalized Attention

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.

Passion and Commitment

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.