Summary of this article
EAD approval mandatory before employment
OPT remains primary work pathway
Rule violations risk visa termination
Studying in the United States is a dream for many Indian students who wish to pursue their education, careers, and a living in the United States. However, the process is not that simple. Indian students who are currently pursuing education in the US on the F-1 Visa are subject to watertight terms and conditions during their time there. Under the US immigration law, students must obtain an Employment Authorisation Document (EAD) before they seek employment. The rules apply even if the employer has already issued an offer letter.
“The legal framework governing F-1 student visas in the United States is quite restrictive. It only permits employment primarily for on-campus work, and limited off-campus work through mechanisms such as Curricular Practical Training (CPT) and Optional Practical Training (OPT), both of which are tightly regulated. Any unauthorised off-campus employment undertaken by any student, even if undertaken out of financial necessity, can constitute a direct violation of visa conditions, exposing the student to severe consequences including termination of status, deportation risks, and future immigration ineligibility,” says Mayank Arora, Partner, Chambers of Bharat Chugh.
OPT Is the Main Route to Employment
After a student has formally graduated, most international students apply for the OPT, which allows them to work in jobs directly related to their field of study. OPT is a provision where students get up to 12 months of work authorisation. This is also considered a primary pathway to seeking professional experience in the US.
For students, carefully following the official OPT process is important. This includes seeking approval from the Designated School Official (DSO), obtaining the updated I-20 form, and filing for I-765 with the US Citizenship and Immigration Services (USCIS). After this, they finally receive their EAD card, and only after this can they seek jobs in the country.
Job Offer Alone Does Not Give Work Permission
One of the major misconceptions that risks the visa students face is that a job offer automatically allows them to start working in the United States. One must go through the legal formalities and procedures in order to be given the permit for work; only then can a job offer help the students build professional experience in the country. US immigration law clearly treats employment without a valid EAD as unauthorised work.
“The shortcoming of this system, however, lies in the lack of appreciation of ground realities. International students often face significant financial pressures, such as high tuition fees and a cash crunch for their daily needs. The legal regime does not adequately account for these economic compulsions. Under the CPT and OPT regimes, a large segment of students remains effectively barred from pursuing lawful income opportunities outside campus. Many students rely on informal advice, peer networks, or social media narratives, which frequently misrepresent what is permissible as per law,” adds Mayank Arora, Partner, Chambers of Bharat Chugh.
Violating the work rules may lead to severe consequences, such as visa complications, SEVIS termination, or future immigration. Recently, discussions of Indian students on F-1 Visa have taken to the social media platform, Reddit, upon facing delays on the OPT. Many users shared concerns about postponed joining dates and uncertainty about employment.
There’s a clause on the visa rule for STEM students (Science, Technology, Engineering, and Mathematics students). STEM Graduates can apply for a 24-month STEM OPT extension after completing their initial OPT period. However, this extension is not automatic.
STEM students must first complete their standard OPT before they become eligible for this 24-month extension. If one misses the application deadlines, they can be permanently affected by the extension and their stay in the country.
The regular processing of the OPT permit is handled by the USCIS. This body issues the EAD, which serves as the main document for a work permit for students on an F-1 Visa. The regular process of issuing these documents usually takes up to two to four months. Students can opt for premium processing for faster and more convenient processing and approval.
“If student protection is to be strengthened, there must be a provision for limited, regulated off-campus work authorisation which need not be based on curricular linkage. Further, the system can rethink the proportional enforcement model, where minor infractions by students are met with warnings or corrective pathways rather than immediate termination of their status/visa,” suggests Arora.
