Understanding OPT and STEM OPT Extensions:

For international students on F-1 visas, Optional Practical Training (OPT) provides an invaluable opportunity to gain practical experience in their field of study in the United States. The initial OPT period allows up to 12 months of employment authorization, and for students in STEM (Science, Technology, Engineering, and Mathematics) fields, a further 24-month STEM OPT extension is available. Knowing when to apply for these extensions is crucial to maintain your status and ensure a smooth transition from academic study to professional work.

When to Apply for OPT and STEM OPT Extensions:

Initial OPT

You should apply for OPT up to 90 days before completing your academic program and no later than 60 days after your program end date. The earliest you can apply is 90 days before your program end date. This timing allows for processing and minimizes any gaps between your graduation and the start of your employment.

STEM OPT Extension

If you are eligible for the STEM OPT extension, apply within 90 days before your initial OPT period ends. It is crucial to ensure your application reaches USCIS before your OPT expires to avoid any unauthorized work periods.

The Risks of Falling for Fraudulent Employers:

The period after completing your studies can be stressful, especially when faced with the pressure of finding employment within the 90-day unemployment window allowed under OPT. Unfortunately, some students, in their desperation, fall prey to fraudulent companies that offer unpaid job opportunities. These companies might present themselves as a lifeline, providing an employment verification letter to maintain legal status. However, these seemingly easy solutions can have dire consequences.

How Students Unknowingly Fall into the Trap of Fraudulent Employers:

Although unpaid work may be permissible during the initial OPT period, this is generally not allowed during the STEM OPT extension. Over the years, some unscrupulous “employers” have preyed on F-1 students on OPT and STEM OPT who find themselves in a bind, needing a qualifying employer to avoid exceeding the unemployment limits. These companies often charge a hefty upfront fee for "training" and promise lucrative job opportunities that never materialize. The only thing these companies provide is an employment verification letter, which on paper, makes it seem like the student is compliant with OPT/STEM OPT requirements.

Consequences of Employment by Fraudulent Companies:

USCIS and other immigration authorities are increasingly scrutinizing employment history when reviewing applications for status changes, such as from F-1 to H-1B. Being associated with a fraudulent employer can result in severe penalties, including denial of future visa applications, inadmissibility, and even deportation. In some cases, foreign nationals have been denied entry to the U.S. or issued an expedited removal order upon arrival due to their previous association with such employers.

Warning Signs of Potentially Fraudulent Employers:

To protect yourself, be vigilant and look out for the following red flags:

• The job is unpaid.
• The only “work” involves online training without real, hands-on experience.
• The company acts as a staffing agency and demands payment for services.
• The employer asks you to pay for an offer letter.
• Your residence is outside of a normal commuting distance, or you are located out of state.
• Google reviews or online chat boards indicate that the company has been a bad actor in the past, specifically offering OPT employment letters with discussions on how easy it is to obtain these letters.

If you encounter any of these situations, consult your Designated School Official (DSO) or an immigration attorney before accepting any offer. Remember, maintaining your status by any means necessary is not worth the potential long-term consequences.

This expanded list adds another layer of caution for students, emphasizing the importance of thoroughly researching any potential employer.

Final Thoughts:

Navigating the complexities of OPT and STEM OPT can be challenging, but staying informed and cautious will help ensure your success. Adhering to the application timelines and being wary of fraudulent employers are key steps in safeguarding your immigration status and future career in the United States.

Stay vigilant, and when in doubt, seek professional guidance to avoid pitfalls that could jeopardize your future in the U.S.