Understanding the Risks of Travel before Receiving EAD Card

If you choose to depart the U.S. before receiving your EAD card, you accept two separate types of risk, both of which can potentially result in the loss of OPT.

Risks with OPT application:

  • Risk of Rejection - if the original submission includes improper fee payment, the OPT application will be rejected by USCIS. In this scenario, an I-765 receipt may not be issued. You will need a new OPT I-20 prior to refiling the application and should immediately consult Links to an external site. an advisor with the International Center.
  • Risk of Mail Delivery Issues - your I-765 receipt or EAD card may be deemed undeliverable to your U.S. Mailing Address and returned to USCIS. It may take several weeks or months for USCIS to resend your document after you have submitted a request for Non-Delivery of Notice Links to an external site.. If you choose to assume the risks of travel, it is important that someone is available to check the mail at the mailing address listed on your I-765 application in case USCIS mails you any documentation.
  • Risk of Request for Evidence or Notice of Intent to Deny - it is recommended that students remain in the U.S. while the F-1 OPT application is pending in case an RFE or Notice of Intent to Deny is issued so that a timely response can be submitted.
  • Risk of Denial - USCIS adjudicators are authorized to deny a petition or application with or without issuing an RFE if the original submission lacks sufficient initial evidence required to establish eligibility for the immigration benefit requested. Re-entry to the U.S. after your I-20 end date will be denied if the OPT application is denied.

Risks for re-entry:

  • Re-entry to the U.S. is always at the discretion of the officer at the U.S. port of entry. Customs and Border Protection (CBP) officers are not always consistent in determining which documents are required for re-entry with a pending or approved OPT application.
  • There are increased risks associated with a pending OPT application. For example, if your OPT is approved while you are outside the U.S., CBP may request evidence of the EAD card as a condition for re-entry after your I-20 end date.
  • If you need to apply for a new F-1 visa while out of the country, there could be a risk you will be denied the new F-1 visa if you cannot document you have both a pending (or approved) OPT application and a job to start (or return to) after being admitted to the U.S.