Understanding Visa Restrictions after OPT

Many international students in the United States often wonder about the possibilities of working after completing an academic program. After obtaining an EAD (Employment Authorization Document) with an OPT (Optional Practical Training) status, they might ask if they can utilize another OPT period for a different academic level, such as pursuing an MBA program. Unfortunately, it is nearly impossible to do so. Once an OPT is granted for a specific educational level, it cannot be renewed for the same or a lower level of education. This article provides detailed information on this rule and explores some alternative options for international students.

Cannot Renew OPT for the Same Level of Education

The rules are clear and strict regarding the OPT process. If you have already obtained an OPT for your first master's degree, you are not eligible to apply for another OPT for a lower or the same level of education, such as another master's program or an MBA. Your status changes with every degree level, and this is your only remaining option.

To ensure the accuracy of this information, it's crucial to consult with your Designated School Official (DSO). They can provide the most reliable guidance and confirmation regarding your visa status.

Furthermore, the U.S. Citizenship and Immigration Services (USCIS) does not differentiate between the use or non-use of your OPT period. They focus on compliance, and if you overstay the 90-day post-graduation unemployment period without proper permission, you may face deportation or other legal consequences. However, it's worth noting that if you do not use the OPT period and stay within the allowed timeframe, there may be no consequences.

Prevent Future Issues: Cancellation Before Issuance

To avoid facing such limitations, it's important to take preventive measures. If you have intentions to pursue a different academic level, such as an MBA, it is best to cancel your previous OPT application before it gets issued. Sometimes, the USCIS may reject a new OPT application if it shows that you had previously applied for one and had to prove that the previous application was canceled before issuance. This can be a complicated process, and many individuals have faced difficulty with the USCIS in such cases.

Exploring Alternative Options for Further Work

While it is challenging to obtain another OPT for the same or a lower level of education, there are a few alternative options to consider:

CPT (Curricular Practical Training)

One potential option is to apply for a master's program that allows CPT. This allows you to intern part-time during the academic year and full-time in the summer. If you can build a strong case for an employer who is willing to sponsor you through an H1-B visa, this could be a viable alternative. This is particularly useful if you are in a field where there is a high demand for skilled workers and a shortage of domestic talent.

EB1/EB2 Visas

Another option for international students with advanced educational backgrounds or exceptional academic, scientific, or artistic achievements is to explore the EB1 or EB2 visa categories. These visas allow individuals to remain and work in the U.S. either independently or through an employer. However, obtaining these visas typically requires substantial evidence and documentation, making the process quite challenging.

Conclusion

If you are an international student looking to work after completing an academic program in the U.S., it is crucial to understand the limitations and explore alternative options. The rules surrounding OPT and other work permits can be complex, so consulting with a trusted DSO and possibly a legal advisor can be beneficial. Understanding the processes and requirements for CPT or obtaining an EB1/EB2 visa can provide more flexibility in your career path.

Note: This information is for educational purposes and is based on general guidelines. Always consult official USCIS resources for the most accurate and up-to-date information.