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"individual circumstances vary, consult your DSO, embassy, or legal advisor before traveling"


USCIS

Top 20 Questions from OPT Students: Your Answers

 1. Can I work before my EAD is approved? 

No. You must have the physical EAD card, and the start date must have arrived.

2. How do I prove my job is related to my major? 

Maintain a copy of your job description and write a brief memo connecting your duties to specific courses and skills from your degree program.

3. What counts toward the 90-day unemployment limit? 

Any day you are not employed for at least 20 hours per week after your EAD start date. Most time spent outside the U.S. also counts.

4. Can I volunteer or do an unpaid internship on OPT? 

Yes, on standard OPT, if the role is lawful under the FLSA. This is not permitted on STEM OPT.

5. Can I be self-employed? 

Yes, on standard OPT, provided you have a legitimate, licensed, and active business. No, on STEM OPT.

6. What are the minimum hours? 

At least 20 hours per week. For multiple jobs on standard OPT, hours can be aggregated. For STEM, it is ≥20 hours per employer, with a separate I-983 for each.

7. What if I change jobs or am laid off? 

Report the employment end date within 10 days. Report the new job start date within 10 days. STEM employers must report your termination to the DSO within 5 business days.

8. Can I have multiple employers? 

Yes, on standard OPT (aggregate hours ≥20). On STEM, yes, only if each employer is in E-Verify, has its own I-983, and you work ≥20 hours/week for each.

9. Can I do 1099/contract work? 

Yes, on standard OPT (document it well). On STEM, this is only permissible if your direct, E-Verify employer signs the I-983 and maintains a bona fide supervisory relationship.

10. What is required for international travel? 

A valid passport, valid F-1 visa, I-20 signed within the last 6 months, your EAD (or STEM receipt plus expired EAD), and an employment verification letter.

11. How does the cap-gap work? 

A timely, cap-subject H-1B filing with an Oct 1 start date and a change of status request extends your F-1 status and (if applicable) EAD to Sept 30. If filed during your grace period, only status extends (no work authorization). A denial or withdrawal ends the cap-gap immediately.

12. Does time abroad count as unemployment? 

Generally, yes, unless you are on employer-approved leave or traveling for work-related purposes.

13. What if my OPT application is denied? 

Contact your DSO and/or an immigration attorney immediately. You typically have a 60-day grace period from the date of the denial notice to depart the U.S., transfer to another school, or take other action to maintain status.

14. Must STEM OPT employment be paid? 

Yes. Furthermore, the compensation must be commensurate with that of similarly situated U.S. workers.

15. Is remote or client-site work allowed on STEM? 

It is possible if your direct employer maintains bona fide, day-to-day supervision and the I-983 clearly explains how this oversight will be conducted.

16. Do I need an SSN to start work? 

You can complete the Form I-9 without it, but most payroll systems require an SSN. You can apply for one after you receive your EAD.

17. Why is my employer withholding FICA? 

This is a common error if you are within the five-year nonresident alien period for students. Ask your payroll department to correct it and refer them to IRS Publication 519.

18. Does CPT reduce my OPT time? 

Only 12 months or more of full-time CPT at the same degree level eliminates your eligibility for post-completion OPT. Part-time CPT does not.

19. How should I choose my OPT start date? 

You can select any date between the day after your program completion and 60 days after. Choose a date that gives you sufficient time for your job search without starting the unemployment clock too early.

20. What if I start a new degree or transfer schools? 

Your OPT authorization ends on the day your SEVIS record is transferred to the new school or the day you officially begin the new academic program.

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