OPT to H-1B route gets tougher: Why US is rechecking student work status

From RFEs to Form I-983 checks, OPT compliance now plays a bigger role in protecting F-1 status and future H-1B filings

Planning to work in the United States after college? For international students, including Indian, staying compliant with Optional Practical Training (OPT) and STEM OPT rules has moved from routine paperwork to a core requirement for protecting lawful status.

 

In a blog post, Immigration attorney Rebecca Chen of Reddy Neumann Brown PC said employers and F-1 students have seen a clear rise in Requests for Evidence from US Citizenship and Immigration Services over the past year. 

 

"These requests now look closely at whether students genuinely maintained F-1 status throughout their OPT or STEM OPT period, rather than focusing only on technical filing errors," she wrote.

 

This shift comes as the visa environment tightens, including the introduction of a $100,000 H-1B fee framework and greater scrutiny of continuous lawful status in change of status filings.

 

What are OPT and STEM OPT?

 

Optional Practical Training and STEM OPT are work authorisations for international students on an F-1 visa, allowing them to gain practical experience related to their field of study while remaining lawfully in the US.

 

How OPT works for F-1 students

 

OPT allows F-1 students to work in the United States for up to 12 months in a role directly linked to their major. It can be used before graduation or after graduation, though most students choose post-completion OPT.

 

After graduation, employment can be full-time. Students must apply for an Employment Authorisation Document from US Citizenship and Immigration Services before starting work. 

 

How STEM OPT extends work authorisation

 

STEM OPT is a 24-month extension available to students who complete degrees in approved science, technology, engineering or mathematics fields. This allows eligible students to work in the US for up to 36 months in total.

 

To qualify for STEM OPT, a student must:

 

• Hold a degree on the US government’s STEM-designated list

• Work for an employer enrolled in E-Verify

• Have a formal training plan, Form I-983, signed by the employer

• Report employment and address changes regularly to their university

 

Why OPT and STEM OPT matter for H-1B plans

 

For many international graduates, OPT and STEM OPT act as a bridge between studying in the US and longer-term work visas such as the H-1B. The period allows students to gain experience, build employer relationships and, in some cases, attempt multiple H-1B lottery cycles while remaining lawfully employed.

 

OPT and STEM OPT as ongoing compliance programmes

 

OPT and STEM OPT are not passive permissions. Students must continuously show that they are engaged in qualifying employment, that changes are reported on time, and that their work aligns with the purpose of practical training in their field of study.

 

Employers also take on obligations under the STEM OPT framework that extend beyond offering a job. USCIS now expects evidence that these responsibilities are being followed in day-to-day practice.

 

“What was once treated by many as a largely administrative program has become a focal point of adjudicatory scrutiny. Officers are increasingly looking beyond the surface of filings to determine whether the regulatory structure of OPT and STEM OPT is being honoured in substance,” Chen wrote.

 

Why Form I-983 matters more than before

 

Chen said this closer review is most visible in how USCIS examines Form I-983, the STEM OPT training plan.

 

“Page 3 of the I-983 is a set of concrete representations to the US government about how the employer will train, supervise and evaluate the student,” she wrote. “When USCIS later requests evidence of STEM OPT compliance, adjudicators are increasingly asking whether those statements were actually implemented.”

 

She said employers and students should treat the I-983 as a living document. If job duties change, supervisors change, worksites shift or the nature of training changes, the form must be updated and re-signed.

 

Employers should also retain records showing how training and oversight are carried out. Chen said this can include:

 

• Notes from regular check-ins and supervisory meetings

• Performance evaluations and written feedback

• Mentoring records and project reviews

• Internal progress reports and training materials

 

Pay rules and whether OPT jobs are genuine

 

Another area facing closer review is whether OPT and STEM OPT employment is real and properly paid.

 

“For STEM OPT, the rules are clear: students must be paid, and they must be paid in a manner comparable to similarly situated US workers,” Chen wrote. She said USCIS now routinely asks for offer letters, payroll records and other proof that the job is genuine and ongoing.

 

During the initial 12-month OPT period, unpaid internships are technically allowed, but Chen said these arrangements are now examined more closely. Officers may look at whether the role is one that would usually be unpaid in the US labour market.

 

“If the student is performing core business functions or filling what looks like a standard entry-level professional role, an unpaid arrangement may be viewed as inconsistent with the purpose of OPT,” she wrote.

 

She added that unpaid OPT roles are generally limited to structured training environments, often in non-profit, research or academic-adjacent settings, with clear educational goals and close supervision. Where work closely mirrors that of paid employees, the risk of questions increases. 

 

How OPT compliance affects H-1B change of status

 

This tighter review has direct implications for H-1B filings. While the $100,000 H-1B fee does not apply to change of status filings for those already in the US, that option depends on the worker being in valid status at the time of filing.

 

“Gaps in reporting, unclear employment histories or weak documentation of STEM compliance can trigger delays, RFEs or denials,” Chen wrote. She said issues that were once treated as minor can now affect whether a worker can stay in the US without moving to consular processing and exposure to the new fee.