OPT Termination for Unauthorized Enrollment, New School or Change in Education Level: USCIS Reminder

Foreign nationals often complete their undergraduate education programs in the United States due to the robust educational opportunities available at many U.S. colleges and universities. After graduating from U.S. institutions, F-1 students have the opportunity to continue their education with more hands-on programming, made possible through OPT. With relevant work experience in the United States, students are better equipped to join the labor force following the end of their education program. As with all visa programs, students with F-1 visas must abide by certain regulations to maintain their OPT work authorization.

The United States Customs and Immigration Service released a notice earlier this year, reminding students with OPT (Optional Practical Training) that transferring to another school or beginning an academic program at a different educational level automatically terminates their OPT along with their employment authorization document (EAD). To remain in lawful status, students should be aware of the ways in which their academic decisions impact their ability to work lawfully in the United States.

For example, if a student graduates from a four-year bachelor’s program and applies for OPT, their working privileges and OPT status would end if they enroll in a master’s degree program. To maintain lawful status, the student must comply with all requirements under the F-1 visa (i.e. not working under a terminated EAD). If a student works under OPT and enrolls into a graduate program or transfers schools, their EAD will no longer be valid. Under these circumstances, the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) then notifies USCIS of the termination date of the student’s OPT. USCIS will immediately update the student’s EAD status and will notify students of the change to their work privileges. If a student receives notice from USCIS, without changing their enrollment status, they may contact their school’s SEVP designated school official to correct the error.