Employer Change Restrictions for OPT: F-1 Visa Work Rules and Employment Authorization

Understanding OPT and Employer Changes

Optional Practical Training (OPT) is a program that allows international students with an F-1 visa to work in the United States for up to 12 months (or longer if they qualify for a STEM extension) in their field of study. Employment authorization under OPT is a vital aspect of the F-1 student experience, providing hands-on practical work experience. But what happens if you want to change employers while on OPT? Are there any restrictions?

Can You Change Employers While on OPT?

Yes, F-1 visa holders are allowed to change employers while on OPT, provided certain conditions are met. It is crucial to maintain proper status and adhere to all employment authorization rules to avoid any negative impact on your legal status in the United States.

Key Considerations for OPT Employer Change

When you are considering an OPT employer change, here are several important factors to keep in mind:

1. Notify Your Designated School Official (DSO): You must report any change of employer to your DSO within 10 days of the change. The DSO will then update your information in the Student and Exchange Visitor Information System (SEVIS).

1. Employment Must Be Related to Your Field of Study: Any new job you take must be directly related to your major area of study.

2. Maintain Full-time Employment: During the period when school is out of session, you must maintain at least 20 hours of work per week.

3. Stay Within the Authorization Period: Any employer change must occur within the dates specified on your Employment Authorization Document (EAD).

4. No Significant Gaps of Unemployment: F-1 visa work rules state that students on OPT cannot be unemployed for more than a cumulative total of 90 days. If you have the STEM OPT extension, this period of unemployment is extended to 150 days over the entire OPT period.

Reporting Employment Changes

Transparency is key when on OPT. Ensure you understand how to report changes properly to stay compliant with your employment authorization:

• Report to Your School: Every change of employer should promptly be reported to the school where you obtained your OPT so they can update SEVIS.

• Update Employment Information: If your school provides a platform or a method to update employment information online, make sure to utilize it to keep all records current.

Consequences of Non-compliance

Failure to adhere to F-1 visa work rules and employment authorization requirements can result in loss of OPT status and possibly affect future immigration benefits. Here’s what could happen if you do not comply:

• Accrual of Unlawful Presence: If you work without authorization or fail to report a job change, you may begin to accrue unlawful presence, which can lead to serious consequences, including being barred from re-entry to the United States.

• Impact on Future Visa or Status Changes: Non-compliance can affect your eligibility for future visas or immigration benefits.

Resources for More Information

For the most reliable information, visit the U.S. Citizenship and Immigration Services (USCIS) website or consult with an experienced immigration attorney. Additionally, your DSO serves as a great resource for understanding OPT regulations.

Remember, maintaining legal immigration status is paramount. Always keep up to date with the latest immigration news and policy changes to ensure that your OPT experience is both rewarding and compliant with all U.S. immigration policies.

So, now you know the ins and outs of changing employers while on OPT! Just remember to keep your DSO in the loop and make sure your new gig is related to your field of study. And hey, don’t forget to stay employed (we all need that paycheck, right?). For more hilarious and informative content like this, head over to visaverge.com. Trust me, you don’t want to miss out on our quirky take on all things immigration!

FAQ’s to know:

FAQ 1: Can I change employers while on OPT?

Yes, you are allowed to change employers while on Optional Practical Training (OPT) as an F-1 visa holder. However, there are certain conditions that need to be met to ensure compliance with employment authorization rules and maintain legal status in the United States.

FAQ 2: What are the key considerations when changing employers on OPT?

When considering a change of employer while on OPT, there are several important factors to keep in mind:

• Notify your Designated School Official (DSO) within 10 days of the change to update your information in the Student and Exchange Visitor Information System (SEVIS).
• The new job must be directly related to your major area of study.
• Maintain full-time employment during periods when school is out of session.
• The employer change should occur within the dates specified on your Employment Authorization Document (EAD).
• Avoid significant gaps of unemployment, as F-1 visa work rules limit cumulative total unemployment to 90 days. For STEM OPT extension holders, it is extended to 150 days.

FAQ 3: What are the consequences of non-compliance with OPT employment rules?

Failure to comply with F-1 visa work rules and employment authorization requirements can result in the loss of OPT status and potentially affect future immigration benefits. Consequences may include accruing unlawful presence, which can lead to serious consequences such as being barred from re-entry to the United States, and it can also impact your eligibility for future visas or immigration benefits.

For more information on OPT and employment authorization, it is recommended to visit the U.S. Citizenship and Immigration Services (USCIS) website or consult with an experienced immigration attorney. Additionally, your Designated School Official (DSO) can serve as a valuable resource for understanding OPT regulations and requirements.

What did you learn? Answer below to know:

1. True/False: Can F-1 visa holders change employers while on OPT without any restrictions?

2. What is the maximum duration of unemployment allowed for students on OPT?
   a) 60 days
   b) 90 days
   c) 120 days
   d) 150 days

3. Who should international students report a change of employer to while on OPT?
   a) U.S. Citizenship and Immigration Services (USCIS)
   b) Their designated school official (DSO)
   c) Their current employer
   d) The Student and Exchange Visitor Program (SEVP)