USCIS Reminds F-1 Students Of Automatic Termination Of OPT If They Transfer Or Begin Study At Another Educational Level (Video)
U.S. Citizenship and Immigration Services (USCIS) recently
reminded F-1 students on Optional Practical Training (OPT) that
transferring to another school or beginning study at another
educational level (for example, beginning a master’s program
after completing a bachelor’s degree) automatically terminates
their OPT as well as their corresponding employment authorization
document (EAD).
Although authorization to engage in OPT ends upon transferring
to a different school or changing educational level, students in
F-1 status will not be otherwise affected as long as they comply
with all requirements for maintaining their student status, USCIS
said. These requirements include not working with a terminated EAD,
because termination means that students are no longer authorized to
work in the United States. Working in the United States without
authorization “has serious immigration consequences, including
removal from the country and bars on reentry. Furthermore,
remaining in the United States in violation of lawful nonimmigrant
status could lead to an accrual of unlawful presence which includes
another set of penalties under the Immigration and Nationality
Act,” USCIS warned.
Currently, U.S. Immigration and Customs Enforcement’s (ICE)
Student and Exchange Visitor Program (SEVP) informs USCIS of the
termination date, and the OPT termination is automatic under
current regulations, USCIS noted. USCIS said it has updated its
systems and will begin to enter the EAD termination date into these
systems after being notified by SEVP. USCIS will notify affected
students and provide them with an opportunity to correct any errors
in the record via their designated school official.
The OPT program grew 400% from 2008 to 2016, according to a Pew
Research Center analysis of U.S. Immigration and Customs
Enforcement data. Students from India made up the largest portion
of OPT permit holders during the period analyzed, with 441,400
permit holders, a 30% share of the total number. Students from
China came second at 313,500 (21%), followed by South Koreans at
90,800 (6%).
The USCIS announcement is at https://bit.ly/2IsCNFP. The Pew
Research Center report is at
http://www.pewglobal.org/2018/05/10/number-of-foreign-college-students-staying-and-working-in-u-s-after-graduation-surges/#fn-40543-2.
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