A student visa holder had to leave the United States after losing the chance to work through the Optional Practical Training (OPT) program. Immigration attorney John Khosravi, citing this case, explained that the situation occurred because students are often unaware of the full scope of the OPT program and that they do not necessarily need a traditional job to remain in the country.
Heartbreaking Consultation
In a LinkedIn post, Khosravi shared, "I had a heartbreaking consult today. A former student visa holder left the US and lost their chance to work through OPT after graduation. Not because they did anything wrong. Just because they didn't fully understand how OPT works." He emphasized that many people miss a crucial point: not being able to find a traditional job does not mean one cannot use OPT.
Self-Employment as an Option
Khosravi wrote, "During your first year of OPT, you are allowed to be self-employed. The work has to be legitimate, related to your field, and at least part-time, along with a few other requirements. If you're graduating with a business degree, for example, you can start and run a company. You do not need a salary. You just have to genuinely be running a business."
He added that once the business is operational, depending on the individual's country of citizenship, they may be able to transition to an E-2 investor visa and remain in the United States indefinitely, as long as the business continues to operate successfully. "One graduation. One business. A potential path to long-term US residency. The rules are complex, and the cost of not knowing them is real," his post stated.
Case Details
In the specific case mentioned, the client was hired by one of the companies he had reached out to, but only after he left the US. Khosravi explained, "He could have been self-employed, then moved onto that job. But by leaving and being unemployed so long, he lost the ability to use OPT."
What is OPT?
The OPT program allows international students, usually on F-1 visas, to work in their field of study for a limited time after or during their studies. This program typically runs for one year, and STEM OPT students can receive an extension of an additional two years.
Qualifying for OPT as Self-Employed
To qualify for self-employment under OPT, individuals must meet the following requirements:
- Hold an F-1 student visa.
- Be enrolled full-time for at least one academic year at a US institution.
- Start a business and be self-employed.
- Actively work in the business, which must be directly related to the degree.
- The business must be operational, even if no salary is drawn.
Understanding these rules is critical for international students seeking to remain in the US after graduation.
