A student visa holder has had to leave the US after losing the chance to work through the Optional Practical Training (OPT) programme. Citing this case, immigration attorney John Khosravi said this happened simply because students are not aware of the full scale of the OPT program and do not need a traditional job to stay in the US.“Today I received heartbreaking advice. A former student visa holder left the US and lost the chance to work through OPT (Optional Practical Training) after graduation. Not because they did anything wrong. Just because they didn’t fully understand how OPT works,” the lawyer shared in a LinkedIn post.“This is what most people forget: Just because you can’t get a traditional job doesn’t mean you can’t use OPT,” he wrote. He also said that if one does not get a traditional job then he can start and run a company.“During your first year of OPT, you are allowed to be self-employed. The work must be legal, related to your field, and be at least part-time with few other requirements. If you’re graduating with a business degree, for example, you can start and run a company. You don’t need a salary. You just have to actually run a business,” he explained.
“Once that business is up and running, depending on your country of citizenship, you 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,” he said.His post said, “A graduate. A business. A potential path to long-term U.S. residency. The rules are complex, and the cost of not knowing them is real.”Khosravi said, “In this case, the client was hired by one of the companies he reached out to, but after he left. He could have been self-employed, then went back to that job. But by leaving and being unemployed for 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 period of time after or during their studies. This program can last for one year and after that STEM OPT students can get a two-year extension.
What do you need to qualify for OPT as self-employed?
- F-1 student visa
- Be enrolled full-time at a US institution for at least one academic year
- You can start a business and be self-employed
- You must be actively working in business and the business must be directly related to your degree
- Business must continue even if you can’t show salaries
