opt

Immigration

Can a F-1 student work on campus without CPT or OPT? How do I make sure I am complying with the law?

In narrow limited circumstances, a student on F-1 visa may be able to engage in paid work on-campus or off-campus without CPT or OPT.

Khadija DerrickFebruary 23, 2022

Immigration

Changes In OPT Work Authorization Rules

You have to complete your post completion OPT employment 14 months from the date your work authorization as approved.

Khadija DerrickMarch 23, 2021

Questions & Answers

I am in the U.S. on a post completion OPT and I filed a STEM OPT extension. Can I keep working after my OPT EAD expires and while the application is pending?

Let’s analyze the following scenario: You are currently in the U.S. working for Company X on your post-completion OPT. Your work authorization card is expiring on July 15 and you and your employer (Company X) filed a STEM OPT extension…

Jenny ZhanJuly 22, 2020

Questions & Answers

What is the maximum period of time I can be unemployed on OPT? What is the maximum period of time I can be unemployed on STEM OPT?

If you are currently in the U.S. working on a post-completion OPT or if you graduated university and you are currently looking for a job related to your field of study, you may be wondering for how many days in…

Jenny ZhanJuly 15, 2020

Questions & Answers

Can I have an unpaid internship if I am in the U.S. on an OPT status?

If you studied in the U.S. on an F-1 visa and you are currently in the U.S. on a post completion OPT, you may be wondering if you can get an unpaid internship given that many companies stopped their hiring…

Jenny ZhanJuly 6, 2020

Questions & Answers

Can I have an unpaid internship if I am in the U.S. on an OPT status?

Jenny ZhanJune 25, 2020

H-1B and E-3 Visa Immigration

My H-1B registration was selected in the lottery and my F-1 OPT work authorization expires soon. Does the H-1B application have to be filed before it expires??

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. There are a limited number of H-1B petitions that USCIS can adjudicate every year (65,000 Regular Cap petitions and additional 20,000 U.S. Advanced Degree Petitions). Every…

Jenny ZhanApril 22, 2020

H-1B and E-3 Visa Immigration

What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?

Let’s analyze the following scenario: You were in the U.S. on a post-completion OPT and found an employer willing to sponsor you for an H-1B visa. The employer filed an H-1B cap petition that got approved in July with the…

Jenny ZhanFebruary 24, 2020

Questions & Answers

What is STEM OPT extension? What degree do I have to have to qualify for the STEM OPT extension? When do I have to apply for the STEM OPT extension?

If you are currently in the U.S. and you are participating in a regular OPT, you may apply for a STEM OPT if you meet certain requirements. Do I have to have a degree from a U.S. University to qualify…

Jenny ZhanDecember 23, 2019

Questions & Answers

I am studying in the U.S. on F-1 visa. Can I work in the U.S.? What is on-campus and off-campus employment? What is CPT and OPT?

If you are studying in the U.S. as a full-time student at an accredited college or university on an F-1 visa, you may be interested in getting a job on or off campus and you may also want work in…

Jenny ZhanNovember 19, 2019

H-1B and E-3 Visa Immigration

What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?

Let’s analyze the following scenario: You are in the U.S. on F-1 OPT status and you are working for an employer. During the cap season, your employer files an H-1B Cap Change of Status petition and the case is selected…

Jenny ZhanSeptember 30, 2019

H-1B and E-3 Visa Immigration

USCIS Reverse Decision to Allow Offsite STEM OPT Workplace Placement

In May 2018, USCIS quietly changed the rules for offsite STEM OPT workplace placement on its website that disallowed STEM OPT students from being placed with a third party. For many foreign nationals who travel to the United States to…

Jenny ZhanAugust 20, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Changes Policy Relating to Employer’s Training Obligation for STEM OPT Employees

For many foreign nationals who travel to the United States to study and earn a bachelor’s degree in the fields of science, technology, engineering or mathematics (“STEM”), the 24-month extension of their Optional Practical Training (“OPT”) is a critical to…

Jenny ZhanMay 25, 2018

Immigration

Automatic Termination of OPT for F-1 Students if they Transfer to a Different School or Begin Study at Another Educational Level

The United States Citizenship and Immigration Services (USCIS) have issued a reminder that F-1 students on Optional Practical Training (OPT) will have their OPT status terminated automatically if they transfer to another school or begin studying at another education level.…

Jenny ZhanMay 21, 2018

Immigration Immigration Law Changes & New Law

Department of Homeland Security Releases its Spring 2018 Regulatory Agenda

The Department of Homeland Security (DHS) has released it spring 2018 regulatory agenda, proposing significant changes to the B-1 and B-2 temporary visitor categories, the H-1B and EB-5 programs, F-1 practical training, and H-4 employment authorization. B-1 and B-2 Classifications:…

Jenny ZhanMay 10, 2018

H-1B and E-3 Visa Immigration Law Changes & New Law

USCIS Tightens Language on Employer-Employee Relationship and Third-Party Placement for STEM OPT Students

The United States Citizenship and Immigration Services (USCIS) quietly revised the STEM OPT requirement page, showing only as “last reviewed/updated”, on January 24, 2018. USCIS revised the Optional Practical Training (OPT) temporary employment for F-1 students working in the science,…

Jenny ZhanMay 8, 2018

Immigration

What is the SEVP Portal? What Are the Legal Reporting Requirements for an F-1 Student on Post-Completion OPT?

Foreign nationals who enter the United States to pursue educational degrees are admitted as F-1 nonimmigrants. Students on an F-1 Visa have the option of training in the United States by engaging in practical training related to the student’s major…

Jenny ZhanMarch 30, 2018

Immigration Immigration Law Changes & New Law

I have an employee on OPT. Are they eligible for the STEM extension? What are the employer and student obligations under the STEM OPT program?

What is OPT? If you are a foreign national in the U.S. on an F-1 visa you can participate in temporary employment that is related to your field of study. This employment is called Optional Practical Training (OPT) and can…

IanScottJune 16, 2017

Immigration Immigration Law Changes & New Law

Department of Homeland Security Issues Final Rule on Two-Year OPT Extension for STEM Students

On March 11th 2016, the Department of Homeland Security issued a rule allowing certain students on F-1 visas with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education, who elect to pursue 12 months of…

IanScottMarch 18, 2016

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Can a F-1 student work on campus without CPT or OPT? How do I make sure I am complying with the law?

Changes In OPT Work Authorization Rules

I am in the U.S. on a post completion OPT and I filed a STEM OPT extension. Can I keep working after my OPT EAD expires and while the application is pending?

What is the maximum period of time I can be unemployed on OPT? What is the maximum period of time I can be unemployed on STEM OPT?

Can I have an unpaid internship if I am in the U.S. on an OPT status?

Can I have an unpaid internship if I am in the U.S. on an OPT status?

My H-1B registration was selected in the lottery and my F-1 OPT work authorization expires soon. Does the H-1B application have to be filed before it expires??

What is the Last Action Rule? Should I be worried when I travel internationally after the H-1B petition was approved but before the H-1B effective start date?

What is STEM OPT extension? What degree do I have to have to qualify for the STEM OPT extension? When do I have to apply for the STEM OPT extension?

I am studying in the U.S. on F-1 visa. Can I work in the U.S.? What is on-campus and off-campus employment? What is CPT and OPT?

What is Cap-Gap Extension? Can I stay in the U.S. after my OPT work authorization card expires but before I am able to start working in H-1B status?

USCIS Reverse Decision to Allow Offsite STEM OPT Workplace Placement

USCIS Changes Policy Relating to Employer’s Training Obligation for STEM OPT Employees

Automatic Termination of OPT for F-1 Students if they Transfer to a Different School or Begin Study at Another Educational Level

Department of Homeland Security Releases its Spring 2018 Regulatory Agenda

USCIS Tightens Language on Employer-Employee Relationship and Third-Party Placement for STEM OPT Students

What is the SEVP Portal? What Are the Legal Reporting Requirements for an F-1 Student on Post-Completion OPT?

I have an employee on OPT. Are they eligible for the STEM extension? What are the employer and student obligations under the STEM OPT program?

Department of Homeland Security Issues Final Rule on Two-Year OPT Extension for STEM Students

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