Requests for Evidence and Notices of Intent to Deny trends in STEM OPT Extension Applications

On February 15, 2024, the American Immigration Lawyers Association (AILA) released a Practice Pointer (AILA Doc. No. 24021507) regarding Requests for Evidence (RFEs) or denials issued to STEM OPT Employment Authorization applicants with Classification of Instructional Program (CIP) codes on Form I-20 that do not clearly match the major or program listed on the applicant’s diploma or transcript.  AILA notes that the CIP code represents the field of study an international student is pursuing in the U.S. RFEs and denials have been noted in cases where a student has completed a Master of Business Administration that has been assigned a CIP code such as 52.1301 (Management Science) instead of the code for general business administration.   The RFEs in these cases typically request a statement from the school explaining how the degree issued corresponds with the assigned CIP code, and documentary evidence showing how the degree program reflected on the diploma or transcript is consistent with a program of study listed on the DHS STEM Designated Degree Program List. 

AILA notes that CIP codes are intended to reflect fields of study, and do not necessarily correspond perfectly with specific degrees or majors, and it is not a requirement that they do match perfectly. Further, the assignment of a CIP code to a degree program typically goes through more than one round of review and approval within the university and possibly even within the state university system.  

AILA encourages members to continue to report this issue as it occurs via the Report a Trend form available on AILA’s website.