Common OPT/CPT Mistakes That Risk F-1 Status and How to Avoid

(UNITED STATES) International students on F-1 visas face steep risks to their legal status if they mishandle employment tied to Optional Practical Training, or OPT, according to university officials and immigration advisers. Recurring mistakes can trigger SEVIS violations and force abrupt departures from the country.

Under federal rules, students cannot work until they receive a physical Employment Authorization Document (EAD) and reach the start date printed on the card. Even a single day of early work counts as unauthorized employment, a violation that can lead to termination of student status and future visa denials. Advisers say the problem is common and often stems from confusion, not intent.

Key distinction: CPT vs. OPT

At the core is a simple distinction that carries heavy weight:

• Curricular Practical Training (CPT) is authorized by a school’s Designated School Official (DSO) and must be part of a student’s degree program.
• Post-completion OPT requires USCIS approval through Form I-765 and the production of a physical EAD card with an active start date.

A 24‑month STEM OPT extension adds other checks, including a training plan and an employer enrolled in E‑Verify. All work must be directly related to the student’s major, and all work must be authorized before it starts. That throughline often gets lost once a job offer arrives.

“Most F-1 violations happen because students treat OPT as an open work permit,” said Ananya Patel, a DSO at a major U.S. university. “It’s not. It’s an educational extension of your degree — every job, every change, and every training plan must be tied back to your program of study and properly reported.”

Unauthorized employment: common pitfalls

• The approval notice for OPT is not work authorization; only the actual EAD card with an active start date allows employment.
• Working in a role that does not relate to your major (e.g., a finance major at a restaurant, or a biology major in marketing) is treated as employment outside the major.
• Paying taxes does not cure an authorization mismatch.

For STEM OPT, rules are stricter:

• Third‑party placements and staffing agency arrangements are generally not allowed.
• Work done under a client’s supervision—away from the employer—can break the employer‑employee training relationship.
• USCIS can revoke STEM OPT when that training relationship breaks down.

Unemployment limits — the ticking clock

• During the 12 months of post‑completion OPT, students get 90 days of unemployment.
• With a STEM OPT extension, the total allowance rises to 150 days across the combined period.

The system counts calendar days between jobs automatically. If the number crosses the limit, SEVIS can switch the record to:

“terminated – exceeded unemployment limit.”

This outcome often appears later — for example, during H‑1B filings — when petition checks reveal old status problems that were never fixed. Advisers recommend:

• Keep a daily count of unemployment days.
• Document job transitions carefully to prevent surprises.

Reporting requirements — the SEVP Portal and DSOs

Students must report every job start and end within 10 days through the SEVP Portal or via their DSO. Failure to update the record can make an otherwise legal job look like unemployment in the government’s system.

• SEVIS is the official log. If it shows no employer, the student is treated as unemployed.
• DSOs advise saving screenshots of portal updates and any email confirmations in case later filings need proof.

Those records can be decisive when filing for STEM extensions or responding to USCIS questions.

Case example: the consequences of not reporting

A recent case shared by advisers illustrates the stakes:

• Sneha, a computer science graduate, started post‑completion OPT at a small Texas startup.
• She had a valid EAD and worked full time in a role tied to her major, but she never updated the SEVP Portal or alerted her DSO.
• When she filed for the STEM OPT extension, SEVIS showed her as “unemployed” for more than 90 days and auto‑terminated her record.
• Her STEM extension was denied, appeals failed, and she had to depart the United States within 60 days.

The job was real; the reporting was not. The result was the same as if she had never worked.

CPT traps and long-term effects

• CPT exists for training integral to a degree program, not as a workaround for long‑term full‑time employment.
• Using 12 months or more of full‑time CPT eliminates eligibility for standard post‑completion OPT, jeopardizing plans for a later STEM extension and H‑1B filings.
• Multiple consecutive CPT approvals without clear academic need can draw scrutiny in audits.

DSOs expect students to show how CPT fits the curriculum and supports course goals. Assuming CPT equals unlimited work permission can make students ineligible for later immigration benefits.

Expiration dates, automatic extensions, and cap‑gap

• If an EAD expires, work must stop unless a specific rule allows continued employment.
• When STEM extensions are timely filed, some students receive automatic extensions of work authorization, but this depends on proper filings and SEVIS updates.
• The H‑1B cap‑gap period can extend work authorization for selected applicants, but students and employers should confirm SEVIS records before continuing work after the printed EAD end date.

Any work performed after expiration is unauthorized unless SEVIS confirms continued authorization.

How status issues affect later immigration benefits

A SEVIS record showing violations can:

• Hurt an H‑1B petition or lead to loss of cap‑gap benefits.
• Be discovered when employers do filings (e.g., when a receipt notice never arrives or a Request for Evidence asks for proof of compliance).
• Derail employment‑based immigration plans even when the job and employer were legitimate.

The paper trail — EADs, I‑20s, SEVP updates, and training plans — matters as much as the job itself.

Official resources and forms

University advisers and lawyers urge students to follow official guidance and anchor decisions in the rulebooks:

• File Form I-765 for OPT on the USCIS website: https://www.uscis.gov/i-765
• For the STEM extension, prepare a training plan with the employer using Form I-983: https://studyinthestates.dhs.gov/form-i-983-overview
• Employment and address updates go through the SEVP Portal: https://studyinthestates.dhs.gov/sevp-portal-overview

These links answer most procedural questions and give DSOs a common reference when advising students under tight timelines.

Remote work, hybrid setups, and STEM OPT gray areas

More remote and hybrid work creates new gray zones for STEM OPT:

• The program expects a direct employer‑employee relationship with a training plan the employer oversees.
• Work under a client’s control or at a third‑party site often fails that test.
• Remote work must still align with the Form I‑983 training plan, with employer supervision and evaluation.

DSOs increasingly ask for detailed offer letters and training outlines before endorsing new I‑20s.

Practical steps to reduce risk

Advisers recommend simple, low-effort habits that lower risk:

• Keep copies of EADs, I‑20s with employer notations, offer letters linking duties to your major, and Form I‑983 (STEM students).
• Store documents for at least three years.
• Use calendar reminders for reporting deadlines and unemployment day counts.
• When a job changes — title, manager, or worksite — ask your DSO how it fits your SEVIS record before the change occurs.

These small steps help align what a student is doing with what SEVIS shows.

“If it’s not updated, it didn’t happen in the eyes of USCIS.” — Ananya Patel

The human stakes

The consequences extend beyond paperwork:

• Losing status can force immediate work stoppage and quick departure.
• Employers lose staff and projects stall.
• Classmates and families face uncertainty and emotional stress.

DSOs often provide emergency counseling on counting grace periods, travel safety, and next steps — underscoring why these rules matter in real lives.

Officials stress the system is not meant to be punitive but to ensure training aligns with education. Still, because the program is enforced through dates, fields of study, and employer details, missing or incorrect data can make a well-intentioned student appear out of compliance. Following the rules — report within 10 days, stay under 90/150 unemployment days, and work only after the EAD start date — is the practical lifeline that preserves status and future immigration options.