For an international student on OPT or STEM OPT, maintaining compliance with immigration regulations is more critical than ever.
Many students unknowingly violate their F-1 status, risking denial of future work visas, loss of employment authorization, or even removal from the U.S.
To help you stay compliant and protect your future, we’re sharing three of the most common compliance pitfalls that many OPT students face, and how to avoid them.
Top 3 Compliance Pitfalls & How to Stay Ahead
1.OPT and Unemployment: Are You Tracking Your Days?
Common Pitfall:
Many students on OPT assume they have unlimited time to find a job, but each day without employment counts toward a strict unemployment limit. Exceeding this limit, even by a single day, can leave you out of status.
- OPT students: Allowed up to 90 days of unemployment.
- STEM OPT students: Allowed up to 150 days of unemployment.
Stay Ahead:
- Track every day you are unemployed, including weekends and holidays.
- Report unemployment to your DSO within 10 days and new employment within 10 days to maintain compliance.
- Failure to timely report new employment could result in extra days being counted as unemployment, risking your status.
2.Is Your Job “Directly” Related to Your Field of Study?
Common Pitfall:
Many students take jobs unrelated to their degree, assuming that as long as they are working, they are maintaining status. However, USCIS can later determine that your job was not sufficiently related to your field of study, putting your F-1 status and future immigration applications at risk.
Stay Ahead:
- Clearly articulate how your job is related to your degree. You should be able to explain how your coursework applies to your job functions.
- Example: “I work full time as an Electrical Engineer at ABC Corp., analyzing circuit designs and providing cost estimates, which directly applies the electrical circuit theory I studied at XYZ University.”
- If your role does not clearly match your degree, consult an immigration attorney to avoid compliance issues.
3.Traveling While on OPT: Are You Accruing Unemployment?
Common Pitfall:
Many students assume they can work remotely while traveling abroad, but this can unknowingly count as unemployment. Even worse, if you remain outside the U.S. for an extended period, you may lose your F-1 status entirely.
Stay Ahead:
- Any time spent outside the U.S. without employer-approved leave counts toward your unemployment limits (90 days for OPT, 150 days for STEM OPT).
- Changes in work location must be reported to your DSO, but only U.S. addresses are accepted.
- If traveling, carry an employer letter confirming you will return to resume work.
- Leaving the U.S. for more than 5 months? You lose your F-1 status and OPT authorization.
What Should You Do?
Even small compliance missteps can impact your H-1B eligibility and future Green Card applications. VisaPro has been helping international students secure work visas for over 22 years, with near 100% success in H-1B approvals.
📞 Call us at (202) 787-1944 or email CS@VisaPro.com for a compliance check consultation and ensure your OPT records are error-free and H-1B ready.
In 2024, we once again achieved 100% approvals with H-1B filings, continuing our near 100% approval rate over the past decade. For over 22 years, we’ve helped companies navigate complex immigration laws, ensuring compliance and safeguarding their workforce.
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