Employment Immigration: Common Mistakes When Applying for OPT

Introduction

Optional Practical Training (OPT) can give eligible F-1 students an opportunity to gain practical work experience related to their field of study. However, the application process involves specific requirements and deadlines. Even seemingly minor mistakes can create delays or affect a student’s ability to work lawfully in the United States.

Filing at the Wrong Time

One common mistake is misunderstanding when to begin the OPT process. For post-completion OPT, students generally must first work with their Designated School Official (DSO), who makes the appropriate recommendation in SEVIS. The student then files Form I-765 with U.S. Citizenship and Immigration Services (USCIS) within the applicable filing period.

Waiting too long to file can cause serious problems. Students should carefully coordinate the program end date, the DSO’s recommendation, and the Form I-765 filing deadline. They should also avoid assuming that submitting an OPT request to their school automatically provides employment authorization. USCIS must approve the employment authorization application before employment can generally begin.

Errors With Employment and Maintaining F-1 Status

Another mistake is accepting employment that does not properly relate to the student’s qualifying field of study. OPT employment is intended to provide practical experience connected to the student’s academic field. Students should understand the applicable employment requirements before beginning a job, internship, or other work arrangement.

Students can also overlook their continuing responsibilities while on OPT. Changes involving employment, address, or other relevant information may need to be reported through the student’s school or the appropriate immigration system. Students should keep careful records and monitor the dates on their Employment Authorization Document (EAD).

For students seeking a STEM OPT extension, additional requirements apply. These can include employer and training requirements that are different from those for regular post-completion OPT. A student should not assume that qualifying for the initial 12-month OPT period automatically means they qualify for the STEM extension.

Conclusion

OPT can be an important step between completing an academic program and beginning a professional career in the United States, but the process requires careful attention to eligibility, deadlines, employment rules, and ongoing F-1 requirements. This article provides general information and is not legal advice. Because individual circumstances can vary, students with questions about OPT or their immigration status should consult a qualified immigration attorney for advice regarding their specific situation.