OPT EAD Delays for “High-Risk” Nationals – What Now?
- 3 days ago
- 3 min read
What Was Announced?
As of early 2026, USCIS has placed an adjudicative “hold” on certain immigration benefit applications filed by nationals from countries designated under Presidential Proclamations 10949 and 10998, as well as related security directives.
On January 1, 2026, USCIS issued Policy Memorandum PM-602-0194 expanding its earlier December 2, 2025 directive to require enhanced review of benefit requests filed by nationals of countries subject to travel restrictions.
While applications continue to be accepted, final adjudication may be paused pending additional screening procedures.
Among the applications potentially affected:
Form I-765 (including OPT and STEM OPT)
Form I-129 (H-1B, O-1)
Form I-539 (change of status)
Form I-485 (adjustment of status)
This has created significant uncertainty for international students relying on post-completion OPT.
What Applicants Should Know?
An adjudicative hold does not mean denial and does not automatically terminate lawful status.
However, it does mean:
Final decisions may be delayed for months.
Enhanced security screening may occur.
Additional Requests for Evidence (RFEs) may be issued.
Premium processing may not bypass the hold.
For OPT applicants, this can result in delayed issuance of the Employment Authorization Document (EAD), even where all regulatory eligibility requirements are met.
Relevant Regulations:
USCIS Form I-765: https://www.uscis.gov/i-765
OPT Overview: Optional Practical Training for F1 Students
Who Is Affected?
Nationals or citizens of countries listed under:
Additional countries subject to expanded travel restrictions
Countries previously identified include Afghanistan, Iran, Nigeria, Russia, Pakistan, Sudan, Venezuela, Somalia, and others. The list may evolve as additional security designations are issued.
Students from affected countries may experience extended delays as they apply for:
Post-completion OPT (c)(3)(B)
STEM OPT Extension (c)(3)(C)
Who Is Not Affected?
Students from countries not subject to the designated proclamations.
Applicants whose benefits have already been fully approved and adjudicated.
Individuals not filing benefit requests subject to the hold.
What Does an “Adjudicative Hold” Mean in Practice?
An adjudicative hold means:
USCIS may accept and process the application.
Final approval may not be issued until enhanced review is completed.
Cases may remain pending beyond normal processing times.
Additional background and national security checks may be conducted.
Importantly:
It is not a denial.
It is not automatic status termination.
It does not automatically require departure from the United States.
What Students Must Understand
Students may remain in the United States while an OPT application is pending if:
The OPT was filed timely.
SEVIS remains active.
Grace period rules were followed.
However:
Students cannot work until the EAD is approved.
Once OPT begins, students are limited to 90 days of unemployment.
Delays can create employment start-date gaps and employer complications.
Department of Homeland Security Confirmed Impact
USCIS has stated that applications from nationals of designated countries will continue to be accepted and processed; however, final adjudication may not occur until additional screening procedures are operationalized or the hold is lifted. The hold remains in place until formally rescinded.
What Applicants and Families Should Do Now
Given the unpredictable nature of these delays:
File OPT as early as possible (up to 90 days before program end).
Avoid international travel while application is pending.
Respond immediately to any RFE.
Communicate proactively with employers about potential delays.
Consult immigration counsel if your grace period is approaching expiration.
Consider alternative status planning if employment start dates are at risk.
If your application is on hold, that does not automatically mean you must leave, but it does mean you need a plan.
Key Takeaway
The adjudicative hold policy introduces heightened screening and potential delays for nationals of designated countries applying for OPT and other benefits. While status may remain valid during pendency, employment authorization may be significantly delayed.
Strategic timing, compliance discipline, and early legal consultation are essential.
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USCIS Policy Memorandum PM-602-0194 (Jan. 1, 2026)Presidential Proclamations 10949 & 10998OPT Regulations (8 CFR §214.2(f))USCIS I-765 Guidance
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