EAD Card Rule

When You Can Start Working: The EAD Card Rule

You cannot begin employment until you have the physical EAD card in hand and the start date printed on the card has arrived. There are no exceptions to this rule. For pending STEM extension cases, a timely filing provides proof of work authorization for up to 180 days. This proof consists of your expired OPT EAD combined with your I-797C Receipt Notice, which is recognized for Form I-9 purposes as detailed in the DHS M-274 Handbook for Employers.

Defining Permissible Employment: What You Can Do?

Standard Post-Completion OPT Employment Options (≥20 hours/week, directly related to major):

W-2 Employment: Standard employment with one or more employers; aggregate hours can meet the 20-hour minimum.
1099 and Contract Work: Independent contract work or short-term gigs are permissible; maintain detailed records of contracts and invoices.
Self-Employment: You may start your own business if it is formally established with proper licensing and you are actively working.
Unpaid Internships and Volunteering: These roles are allowed if lawful under the Fair Labor Standards Act's "primary beneficiary" test; use caution with for-profit companies.

STEM OPT Employment Rules (Stricter Compliance): Employment must be paid, with an E-Verify employer, and governed by a signed I-983 Training Plan that includes genuine supervision and mentorship. Self-employment and volunteer work do not qualify. Multiple STEM employers are permitted only if each is an E-Verify participant, each files a separate I-983, and you work at least 20 hours per week for each. Remote or third-party worksites are possible only if your direct employer provides and documents day-to-day training and oversight.

Employer Duties on STEM OPT: The employer must attest that pay is commensurate with similarly situated U.S. workers, that the position will not replace a U.S. worker, and that material changes will trigger an updated I-983. DHS can conduct site visits, and employers must report a student's early termination of employment within 5 business days to the DSO.

Essential Reporting and Record-Keeping Requirements

EAD Card Rule

Defining Permissible Employment: What You Can Do?

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