Concern For F-1 Students – Maintenance Of Optional Practical Training (OPT)

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USCIS recently issued a reminder for F-1 students that transferring to another education institution or beginning studies at another educational level automatically terminates Optional Practical Training (OPT) as well as the corresponding employment authorization document (EAD).  The requirement to maintain status is important due to the proposed USCIS Policy Memorandum on the Accrual of Unlawful Presence for F, J. and M nonimmigrants whereby they will lose Duration of Status designation by engaging in an unauthorized activity.  F-1 students must make certain to not work with a terminated EAD and should be certain to work closely with their school’s International Student office.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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