Maintaining F-1 Visa Status While Working: CPT, OPT, and Unauthorized Employment Risks

At Sharma Law Associates, LLC, our New York immigration attorney regularly advises international students on lawfully working while maintaining their F-1 visa status. With the rising cost of living, growing competition in the job market, and the pressure to gain U.S. work experience, many students find it necessary to pursue internships or employment during or after their academic programs.

However, working without proper authorization—even unintentionally—can lead to serious immigration consequences, including termination of your SEVIS record and future ineligibility for benefits like OPT or a change of status.

Here, we explain the key distinctions between Curricular Practical Training (CPT), Optional Practical Training (OPT), and unauthorized employment, and why working with an experienced immigration attorney is critical to protecting your status and future immigration goals.

Curricular Practical Training (CPT): Work During Your Program

CPT is a form of work authorization available to F-1 students during their academic program when the employment is directly related to their major and forms part of the curriculum. CPT can be full-time or part-time and must be approved by your Designated School Official (DSO) before employment begins.

Key points about CPT:

·       You must be enrolled full-time for at least one academic year before qualifying (with limited exceptions).

·       Your school in SEVIS must authorize CPT, and the job must align with your program of study.

·       Working full-time on CPT for 12 months or more eliminates your eligibility for OPT.

Many students assume an unpaid internship does not require authorization. This is a common and dangerous misconception. If the internship provides training that benefits the employer or replaces a paid worker, it may still be considered unauthorized employment under U.S. immigration law.

Optional Practical Training (OPT): Work After Graduation (and Sometimes During)

OPT allows F-1 students to work up to 12 months in a position related to their major field. Pre-completion OPT is available during your studies, while post-completion OPT is typically used after graduation.

Important considerations:

·       OPT requires you to apply for and receive an Employment Authorization Document (EAD) from USCIS.

·       You may not begin working until you have received your EAD and the authorized start date has passed.

·       STEM graduates may qualify for a 24-month OPT extension, subject to additional employer and reporting requirements.

Delays in OPT processing and misunderstandings about start dates can lead students to begin working too early—a critical mistake that can result in a status violation.

Unauthorized Employment: A Risk You Can’t Afford

Any work performed without prior authorization is considered unauthorized employment under F-1 regulations.

This includes:

·       Working off-campus without CPT or OPT.

·       Working on campus beyond 20 hours per week during the academic year.

·       Accepting payment “under the table” or working for a business without documentation.

Even a brief period of unauthorized employment can jeopardize your immigration status and make you ineligible for future immigration benefits, including reinstatement, change of status, or permanent residency.

Speak With a New York Immigration Attorney for Students Today

Maintaining F-1 visa status while gaining valuable work experience requires careful planning and strict adherence to immigration rules. At Sharma Law Associates, LLC, we help students understand their options, avoid costly mistakes, and stay on the path toward long-term U.S. immigration success.

Call us at 646-760-6339, contact us online, or schedule a consultation to review your employment plans and protect your F-1 status today.