A lot of Indian students aiming to study in the United States of America (USA) usually go for the F1 education visa. But once the studies are over and reality kicks in, students who are unfamiliar with US immigration law might run into problems, especially when looking for jobs in the US.
Shivani Raviprakash, an Associate Attorney at Gokare Law Firm based out of Alpharetta, Georgia, told ET Wealth Online that after finishing their studies, students must sign up for something called Optional Practical Training (OPT) which allows F-1 students to work for up to 12 months in a job that relates directly to their field of study after they complete their program.
Raviprakash says: “It is the most common pathway for students seeking U.S. work experience.”
According to Raviprakash, a compliant transition from school to work typically involves:
- Step 1: Applying for OPT within the permitted filing window
- Step 2: Obtaining a recommendation from the Designated School Official (DSO) and an updated I-20
- Step 3: Filing Form I-765 and receiving the EAD
- Step 4: Beginning employment only from the EAD start date
- Step 5: Reporting employment details in SEVIS
- Step 6: Monitoring unemployment days
- Step 7: Applying for STEM-OPT (if eligible) before OPT expires
Raviprakash says: “Graduation or a job offer does not authorise employment. F-1 students must first obtain approval for OPT and receive a valid EAD before beginning work. Working without a valid EAD constitutes unauthorized employment, even if the student has a confirmed job offer.”
Also read: No campus housing? Key renting rules for Indian students in the US
Keep reading to know more about EAD, STEM-OPT and other US immigration legal requirements.
What is OPT?
According to Santhosh Rao, Attorney and Practice Head at Gokare LPO, a Bangalore based law firm, Optional Practical Training (OPT) allows F-1 students to work for up to 12 months in a role directly related to their field of study after completing their program. It is the most common pathway for students seeking U.S. work experience.
If a student does not apply for OPT, they are granted a 60-day grace period after completing their program. During this time, they may prepare to depart the United States, transfer to another institution, or apply for a change of status.
Rao says: “Employment is not permitted at this time (grace period).”
Also read: US student visa alert: Off-campus jobs could break F1 rules – know the law
What is STEM OPT?
Raviprakash says the STEM OPT extension adds an additional 24 months of work authorization for students with qualifying degrees in Science, Technology, Engineering, or Mathematics (STEM).
Raviprakash says: “However, STEM-OPT is not an independent benefit as it is a continuation of OPT and can only be applied for during the validity of the initial OPT period, typically within the 90 days before OPT expires. A student cannot skip OPT and go directly to STEM-OPT. “
Thus timing is critical, and missing the filing window can make you permanently ineligible for the extension.
What is EAD?
Rao says that the Employment Authorization Document (EAD), issued by U.S. Citizenship and Immigration Services, is the official work permit that allows F-1 students to work under OPT or STEM-OPT.
Rao says: “It is mandatory, and students cannot begin working without it. Employment may begin only after the EAD is received and its start date is effective.”
According to Rao, it typically takes 2 to 4 months to process, though delays are not uncommon. The filing fee is approximately $470, subject to change. Students may opt for premium processing, which can reduce timelines to under a month at an additional cost of about $1,780 as of April 2026.
STEM-OPT is determined by the student’s US degree, not by Indian academic background
According to Rao, eligibility for STEM-OPT is determined by the student’s US degree, not by their academic background in India.
Raviprakash says: “Even if a student did not study science in their 10th or 12th standard, they may still qualify if they complete a STEM-designated program in the US that appears on the DHS STEM Designated Degree Program List.”
Thus what matters is that the US degree meets STEM requirements and is correctly reflected on the I-20. Rao says that most issues arise from missed timelines or documentation errors rather than ineligibility.
What are the consequences of working without an EAD?
Rao says that working without a valid EAD is considered unauthorised employment and a violation of F-1 status, regardless of intent. Consequences may include SEVIS record termination, loss of lawful status, and negative impact on future visa or immigration applications.
How long can a student remain unemployed during OPT and STEM-OPT?
According to Rao, students on OPT may remain unemployed for up to 90 days. Those on STEM-OPT receive an additional 60 days, bringing the total allowable unemployment period to 150 days.
Rao says: “Exceeding these limits results in a violation of status. Unreported or improperly documented employment may also be treated as unemployment.”
What counts as “employment” during OPT and STEM-OPT?
According to Rao, during OPT, employment can include:
- Paid roles
- Unpaid internships (if compliant and documented)
- Multiple concurrent employers
- Self-employment with proper documentation
Raviprakash says that STEM-OPT has stricter requirements:
- Employment must be paid
- The employer must participate in E-Verify
- A formal training plan (Form I-983) is required