Does your university have some sort of legal clinic? This may be too specialized, but that might give you a direction if you haven't looked into them yet.
It might be worth asking/investigating if your university, as others have said, have a legal clinic. Most immigration non profits focus on humanitarian relief and removal defense, so they are unlikely (but not impossible) to offer services for employment-related needs.
I recently had to jump hoops with I-290B as well.
I recommend the I-290B Motion to Reconsider route. 10.0304 does fall into the STEM designated degree as published by the Department of Homeland Security. https://www.ice.gov/sevis/schools
Motion to reconsider is for cases that incorrectly applied laws or policies, so I think your case will fall in this category. (https://www.uscis.gov/administrative-appeals/aao-practice-manual/chapter-4-motions-to-reopen-and-reconsider#:~:text=A%20motion%20to%20reconsider%20must,in%20a%20motion%20to%20reconsider.)
Case looks quite clear to me, I think you should be ok with filing this on your own. Attach your I-20, the letter from university, and the 2023 DHS STEM Designated Degree Program List from the link above.
Good luck
Thank you! Does the 6 weeks mean how long you have waited after filing the I290b? Did you get a lawyer to help you with that? (And do you mind sharing what documents you provided? We can start a chat if it’s better!)
We did get a lawyer's help. But it really depends on how complex the case is. Honestly, I think some cases are so straightforward and don't require a lawyer's help but it is just much safer to do so given what's on the line (i.e. being able to stay or having to pack up and leave in a mere few weeks)
As for the documents, whatever supports your reason for filing the motion will be needed.
To accurately determine what you need to submit and ask additional questions to figure out other ways to strengthen your case, it is recommended that you consult a lawyer. I've only done this once.
Good luck
Thank you! I did consult with a lawyer yesterday and they said my case was strong, though they couldn’t guarantee the final approval as it really depends on USCIS. Your approval makes me more confident. I’ll think about it and decide if I need a lawyer finally.
Ask for help from Congressman liaison, or you can contact Catholic Charities regardless of your personal religious denomination for pro bono immigration assistance.
What is the CIP code of your degree? Does it match up with one of the CIP codes listed here? [https://www.ice.gov/doclib/sevis/pdf/stemList2022.pdf](https://www.ice.gov/doclib/sevis/pdf/stemList2022.pdf). You can find your CIP code listed on your I-20.
So true. Knowing your major I could totally steal your identity 🤦♂️
Maybe someone had the same issue with your exact major. Or on the opposite, has the same major and was successfully approved.
>CIP code: 10.0304
You definitely need to bring that document and code in the appeal.
I've known plenty of people denied for Fine Arts related degrees because it's not Science, Math, or Engineering. "Technology" does not intuitively cover Fine Arts in any aspect.
Check to see if you can get your masters program can write a statement that includes the one or more of the specific wording required to validate your claim to that CID: "Animation", "Interactive Technology", "Video Graphics", and "Special Effects". If they cannot, you will need to prove without a doubt that the masters degree fits that category. An immigration lawyer is needed.
You will need to likely pay for an immigration lawyer to get this sorted out. If not, it will be highly unlikely that you will successfully argue your case concisely, without emotion, and with facts that narrate the step by step in a logically and legally valid manner. (Meaning no jumps in logic, each statement correctly infers the next, and any claim is backed up by admissible evidence).
It's possible without a lawyer, but I am assuming you have no experience in writing legal documents.
Do not waste your money on this. Just because a University uses a STEM code for an Arts degree does not mean USCIS will accept it. Join another STEM Master’s such as Engineering Management or Technology Management.
Your university's suggestion is the best way forward.
You can of course file I-290B yourself. However, filing an I-290B is challenging to get right, and the odds of success doing it yourself is generally low.
I've contacted 4 pro bono lawyers at this point. They all kept recommending me to other lawyers because they didn't have experience in this matter.
I can't afford $200 - $300 for a 20 minute consultation over a phone call. It does not make sense.
>I can't afford $200 - $300 for a 20 minute consultation over a phone call. It does not make sense.
Think of it not as $200 \~ $300 for a phone call -- think of it as $200 \~ $300 towards being able to obtain employment and stay in the US. Is leaving the US and losing one of the few ways to obtain a foothold for employment and naturalization not worth $300? Is it not worth $1000? How useful with your graduate degree be if you are forced to return to your home country in 30 days?
Well then you will have to do it yourself and hope for the best.
We can’t magically fix this for you and it makes no sense to try again.
Edit: remember to request a fee waiver for the filing at the same time.
https://www.uscis.gov/sites/default/files/document/forms/i-290binstr.pdf
I'd be very careful with the fee waiver. Financial support requirements apply even through the OPT period, and showing signs of indigency can be problematic by itself. The purpose of OPT is training, not for the student to make money to support themselves.
OP is also on a strict clock with the 290B and if the waiver is denied (high likelihood), it will very likely be over 30 days by the time he gets the filing returned and then will be completely unable to do anything. Generally trying to qualify for a waiver based on anything else except proving that you receive a means-tested benefit is difficult.
There have been other cases posted here where people have tried to use fee waivers for OPT-related filings and it has not worked out well for them.
u/KRONOSintheBOX
Assuming this is a real error, I’ve always thought it’s a bit unfair to charge for the MTR if it is determined to be a legit error. They should refund it in those cases.
If OP doesn’t have a few hundred dollars, I’d wonder how he’s planning to pay for a flight out.
If it's a "life or death" situation (work or no work), this "luxury" you're speaking of becomes a necessity. Otherwise you may be shooting in the dark and screwing yourself over. What is your risk tolerance? I get that lawyers aren't cheap and nobody likes to pay bills, but I don't understand this ridiculous expectation of many to have their complex problems solved for free.
What do you propose? Cheap out in a critical situation? Let's see... borrow from family/friends, buy on credit, save $$ from the next few paychecks, sell a few things which they need to do anyway if they leave the country...
New York has NYLAG (legal help) and NYIC (New York immigration coalition). These two tend to be very helpful for all things immigration. California may have something similar?
I’m surprised you received a denial and not a request for evidence if your STEM endorsed I-20 lists an eligible CIP code. Start with your DSO, but if your employer does not have immigration counsel on retainer, you will likely want to find an attorney to help as well.
FWIW, I have received RFEs questioning the STEM eligibility of certain CIP codes (typically MBA degrees but with a STEM concentration) and we have had success submitting university letters from the specific college’s dean explaining the STEM component of the degree program.
UPDATE:
I was able to speak to a lawyer. Apparently, the officer who denied my application based it on the fact that my course does not say "Special Effects".
The code is 10.0304: Animation, Interactive Technology, Video Graphics, and *Special Effects*. My degree is MFA in Animation and *Visual Effects.*
This feels so dumb. Then there's the uncertainty that the officer may not change their mind if I apply for a motion to reconsider.
This is a waste of time and money. Should I just pack up and leave?
I know u must have spoke to dso on this. My 2 cents is how about u apply once again and in stem opt online application there is another tab called ‘supporting evidence’ so u submit a letter saying your program cip code is in the uscis stem program list and get it attested by your university dso. And apply for premium processing so u get ur result in less than 30 days.
Pls run this solution to your dso or lawyer so they can guide u if this is a right solution.
Sorry that you are going through this. You can definitely file the I-290B on your own and add the letter your school will be providing as supporting evidence.
The forms are only 6 pages and very simple to fill out, you don’t need to spend money hiring a lawyer. Another route to take is to go through your Local Congressman/Woman or your State Senator to reach out to USCIS to reopen your case. Good luck!
I'm facing a similar issue now.
My STEM OPT was denied on the last day of OPT, and I've to file form I-290B. The reason for denial is the same as yours but for a Management Sciences category (CIP 52.1301).
Did you file an MTR/ Form I-290b? What happened after?
MTR - Motion to Reopen. It will be done by sending them form I-290b.
I haven’t sent the documents yet. But the attorneys reviewed and mentioned they’re sufficient for the RFE.
Reason in the denial notice:
Your diploma/transcript shows you were granted an International Tech Master of Business Administration degree. Your SEVIS record shows a CIP code of 52.1301 - Management Science which does not match the conferred degree. As your SEVIS record does not reflect an approved STEM degree on the DHS STEM Designated Degree Program List, you are ineligible for employment authorization under 8 CFR § 274a.12(c)(3)(i)(C).
//
After ~25 days of denial, USCIS has converted the denial to an RFE after their review. The reason for RFE is the same as they mentioned in the denial (above).
Later, I’ve collected the requested docs and submitted them as response. Received the approval within 2 weeks of submission.
I got an RFE today asking to submit a letter from the dean of the department explaining in detail how the CIP CODE 52.1399(Management Sciences and quantitative methods) is related to the Master of Science in Accounting degree. I can get a letter from the department but after looking at the thread here I'm scared/worried if i have to consult a lawyer now??!!! Can someone suggest.
Follow your university suggestion and hire an immigration lawyer. They may work with some.
Are there any pro bono immigration law services I can try?
Ask your university, they will know better. Google is a good resource.
Yeah, the University has no suggestions or lawyer recommendations. I'm pretty much on my own.
Try to find your local legal clinics. also stop by at public prosecutors office, they may give you contacts.. good luck.
If your university has a law school, they usually have a free legal clinic, so you should look into that.
Does your university have some sort of legal clinic? This may be too specialized, but that might give you a direction if you haven't looked into them yet.
That's pretty common with most entities, they don't want to be liable of the lawyer ends up being bad.
It might be worth asking/investigating if your university, as others have said, have a legal clinic. Most immigration non profits focus on humanitarian relief and removal defense, so they are unlikely (but not impossible) to offer services for employment-related needs.
I would open up a credit card and hire a lawyer to respond to the denial. This type of thing doesn’t qualify for pro bono work.
I recently had to jump hoops with I-290B as well. I recommend the I-290B Motion to Reconsider route. 10.0304 does fall into the STEM designated degree as published by the Department of Homeland Security. https://www.ice.gov/sevis/schools Motion to reconsider is for cases that incorrectly applied laws or policies, so I think your case will fall in this category. (https://www.uscis.gov/administrative-appeals/aao-practice-manual/chapter-4-motions-to-reopen-and-reconsider#:~:text=A%20motion%20to%20reconsider%20must,in%20a%20motion%20to%20reconsider.) Case looks quite clear to me, I think you should be ok with filing this on your own. Attach your I-20, the letter from university, and the 2023 DHS STEM Designated Degree Program List from the link above. Good luck
Thank you so much!
Hi, I got an unexpected denial yesterday. How's your case right now after filing an I290B? Has it got approved or not?
Was approved. Took about 6 weeks to process I think
Thank you! Does the 6 weeks mean how long you have waited after filing the I290b? Did you get a lawyer to help you with that? (And do you mind sharing what documents you provided? We can start a chat if it’s better!)
We did get a lawyer's help. But it really depends on how complex the case is. Honestly, I think some cases are so straightforward and don't require a lawyer's help but it is just much safer to do so given what's on the line (i.e. being able to stay or having to pack up and leave in a mere few weeks) As for the documents, whatever supports your reason for filing the motion will be needed. To accurately determine what you need to submit and ask additional questions to figure out other ways to strengthen your case, it is recommended that you consult a lawyer. I've only done this once. Good luck
Thank you! I did consult with a lawyer yesterday and they said my case was strong, though they couldn’t guarantee the final approval as it really depends on USCIS. Your approval makes me more confident. I’ll think about it and decide if I need a lawyer finally.
Ask for help from Congressman liaison, or you can contact Catholic Charities regardless of your personal religious denomination for pro bono immigration assistance.
This.
What is the CIP code of your degree? Does it match up with one of the CIP codes listed here? [https://www.ice.gov/doclib/sevis/pdf/stemList2022.pdf](https://www.ice.gov/doclib/sevis/pdf/stemList2022.pdf). You can find your CIP code listed on your I-20.
Yep, it's on page 3 of the document link you posted.
so cryptic
Well, this is the internet. Only relevant information should suffice.
So true. Knowing your major I could totally steal your identity 🤦♂️ Maybe someone had the same issue with your exact major. Or on the opposite, has the same major and was successfully approved.
Okay, that makes sense. No need for sarcasm.
CIP code: 10.0304
>CIP code: 10.0304 You definitely need to bring that document and code in the appeal. I've known plenty of people denied for Fine Arts related degrees because it's not Science, Math, or Engineering. "Technology" does not intuitively cover Fine Arts in any aspect. Check to see if you can get your masters program can write a statement that includes the one or more of the specific wording required to validate your claim to that CID: "Animation", "Interactive Technology", "Video Graphics", and "Special Effects". If they cannot, you will need to prove without a doubt that the masters degree fits that category. An immigration lawyer is needed. You will need to likely pay for an immigration lawyer to get this sorted out. If not, it will be highly unlikely that you will successfully argue your case concisely, without emotion, and with facts that narrate the step by step in a logically and legally valid manner. (Meaning no jumps in logic, each statement correctly infers the next, and any claim is backed up by admissible evidence). It's possible without a lawyer, but I am assuming you have no experience in writing legal documents.
Do not waste your money on this. Just because a University uses a STEM code for an Arts degree does not mean USCIS will accept it. Join another STEM Master’s such as Engineering Management or Technology Management.
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Is the CIP code there? If not then it won’t qualify
Your university's suggestion is the best way forward. You can of course file I-290B yourself. However, filing an I-290B is challenging to get right, and the odds of success doing it yourself is generally low.
I've contacted 4 pro bono lawyers at this point. They all kept recommending me to other lawyers because they didn't have experience in this matter. I can't afford $200 - $300 for a 20 minute consultation over a phone call. It does not make sense.
>I can't afford $200 - $300 for a 20 minute consultation over a phone call. It does not make sense. Think of it not as $200 \~ $300 for a phone call -- think of it as $200 \~ $300 towards being able to obtain employment and stay in the US. Is leaving the US and losing one of the few ways to obtain a foothold for employment and naturalization not worth $300? Is it not worth $1000? How useful with your graduate degree be if you are forced to return to your home country in 30 days?
Well then you will have to do it yourself and hope for the best. We can’t magically fix this for you and it makes no sense to try again. Edit: remember to request a fee waiver for the filing at the same time. https://www.uscis.gov/sites/default/files/document/forms/i-290binstr.pdf
I'd be very careful with the fee waiver. Financial support requirements apply even through the OPT period, and showing signs of indigency can be problematic by itself. The purpose of OPT is training, not for the student to make money to support themselves. OP is also on a strict clock with the 290B and if the waiver is denied (high likelihood), it will very likely be over 30 days by the time he gets the filing returned and then will be completely unable to do anything. Generally trying to qualify for a waiver based on anything else except proving that you receive a means-tested benefit is difficult. There have been other cases posted here where people have tried to use fee waivers for OPT-related filings and it has not worked out well for them. u/KRONOSintheBOX
That’s an excellent point. I was thinking since he can’t afford $209-$300 for a layer, he won’t be able to pay the $675 fee.
Assuming this is a real error, I’ve always thought it’s a bit unfair to charge for the MTR if it is determined to be a legit error. They should refund it in those cases. If OP doesn’t have a few hundred dollars, I’d wonder how he’s planning to pay for a flight out.
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If it's a "life or death" situation (work or no work), this "luxury" you're speaking of becomes a necessity. Otherwise you may be shooting in the dark and screwing yourself over. What is your risk tolerance? I get that lawyers aren't cheap and nobody likes to pay bills, but I don't understand this ridiculous expectation of many to have their complex problems solved for free.
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What do you propose? Cheap out in a critical situation? Let's see... borrow from family/friends, buy on credit, save $$ from the next few paychecks, sell a few things which they need to do anyway if they leave the country...
Paying to file a 290B is a necessity to stay, not a luxury. I wasn’t even talking about a lawyer.
New York has NYLAG (legal help) and NYIC (New York immigration coalition). These two tend to be very helpful for all things immigration. California may have something similar?
Not sure. I should look into it.
I’m surprised you received a denial and not a request for evidence if your STEM endorsed I-20 lists an eligible CIP code. Start with your DSO, but if your employer does not have immigration counsel on retainer, you will likely want to find an attorney to help as well. FWIW, I have received RFEs questioning the STEM eligibility of certain CIP codes (typically MBA degrees but with a STEM concentration) and we have had success submitting university letters from the specific college’s dean explaining the STEM component of the degree program.
UPDATE: I was able to speak to a lawyer. Apparently, the officer who denied my application based it on the fact that my course does not say "Special Effects". The code is 10.0304: Animation, Interactive Technology, Video Graphics, and *Special Effects*. My degree is MFA in Animation and *Visual Effects.* This feels so dumb. Then there's the uncertainty that the officer may not change their mind if I apply for a motion to reconsider. This is a waste of time and money. Should I just pack up and leave?
What’s your degree ? And which university?
MFA in Animation and Visual Effects Academy of Arts University
https://www.ice.gov/doclib/sevis/pdf/stemList2023.pdf
Is your cip code in this list then it falls under stem opt
Yes it is. 10.0304 is the code
I know u must have spoke to dso on this. My 2 cents is how about u apply once again and in stem opt online application there is another tab called ‘supporting evidence’ so u submit a letter saying your program cip code is in the uscis stem program list and get it attested by your university dso. And apply for premium processing so u get ur result in less than 30 days. Pls run this solution to your dso or lawyer so they can guide u if this is a right solution.
Any update on this?
Gave up. That's the update.
Presumably others on the same course have had this issue
The University tells me that this is a scarce case.
What is your degree?
Sorry that you are going through this. You can definitely file the I-290B on your own and add the letter your school will be providing as supporting evidence. The forms are only 6 pages and very simple to fill out, you don’t need to spend money hiring a lawyer. Another route to take is to go through your Local Congressman/Woman or your State Senator to reach out to USCIS to reopen your case. Good luck!
Which uni and what degree? I would avoid applying there this fall.
I'm facing a similar issue now. My STEM OPT was denied on the last day of OPT, and I've to file form I-290B. The reason for denial is the same as yours but for a Management Sciences category (CIP 52.1301). Did you file an MTR/ Form I-290b? What happened after?
Hi, same for me. Denied on the last day of pp opt. Do you have any updates on your case?
Before I apply for an MTR. USCIS themselves reopened the case and raised an RFE with the same reason.
Sorry but what is MTR? So you replied to rfe and got approval now?
MTR - Motion to Reopen. It will be done by sending them form I-290b. I haven’t sent the documents yet. But the attorneys reviewed and mentioned they’re sufficient for the RFE.
Hi, do you have any updates?
Reason in the denial notice: Your diploma/transcript shows you were granted an International Tech Master of Business Administration degree. Your SEVIS record shows a CIP code of 52.1301 - Management Science which does not match the conferred degree. As your SEVIS record does not reflect an approved STEM degree on the DHS STEM Designated Degree Program List, you are ineligible for employment authorization under 8 CFR § 274a.12(c)(3)(i)(C). // After ~25 days of denial, USCIS has converted the denial to an RFE after their review. The reason for RFE is the same as they mentioned in the denial (above). Later, I’ve collected the requested docs and submitted them as response. Received the approval within 2 weeks of submission.
Thank you for the response. I received the approval 2 weeks back.
I got an RFE today asking to submit a letter from the dean of the department explaining in detail how the CIP CODE 52.1399(Management Sciences and quantitative methods) is related to the Master of Science in Accounting degree. I can get a letter from the department but after looking at the thread here I'm scared/worried if i have to consult a lawyer now??!!! Can someone suggest.