US OPT visa rules: Don't miss self-employment option, says attorney

A US immigration lawyer says many students miss OPT options, including self-employment, leading to avoidable loss of work opportunities

A former international student lost the opportunity to work in the United States under the Optional Practical Training (OPT) programme after leaving the country following graduation, in a case that an immigration lawyer said could have been avoided with clearer understanding of the rules.

 

What is OPT?

 

OPT allows international students on an F-1 visa to remain in the United States and work after completing their studies.

 

• Students can work for up to 12 months after graduation

• Work must be related to their field of study

• Employment can include jobs, internships, or self-employment

 

The programme has grown steadily, with nearly 295,000 international students participating in the 2024–25 academic year.

   

Graduates in science, technology, engineering and mathematics fields can extend their stay through a separate provision.

 

STEM OPT extension explained

 

Students in STEM disciplines can apply for a 24-month extension, allowing them to work in the US for up to 36 months in total.

 

To qualify for STEM OPT, students must meet the following conditions:

 

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

• Work for an employer enrolled in E-Verify

• Have a formal training plan using Form I-983

• Report employment and address changes to their university

 

Immigration attorney John Khosravi said the individual did not breach any rules but missed out because they were unaware that OPT allows alternatives to traditional employment.

 

“I had a heartbreaking consult today. A former student visa holder left the US and lost their chance to work through OPT (Optional Practical Training) after graduation. Not because they did anything wrong. Just because they didn't fully understand how OPT works,” said Khosravi in a post on LinkedIn on Friday.

 

He added that many students assume they must secure a conventional job to stay employed under OPT, which is not always the case.

 

“Here’s what most people miss: Just because you can’t find a traditional job does not mean you can’t use OPT,” he said.

 

Self-employment option often overlooked

 

Khosravi said students on OPT can set up and run their own business, provided it meets certain conditions.

 

“During your first year of OPT, you are allowed to be self-employed. The work has to be legitimate, related to your field, and at least part-time,” he said.

 

“If you're graduating with a business degree, for example, you can start and run a company. You do not need a salary. You just have to genuinely be running a business.”

 

He said this route can also open longer-term options.

 

“Once that business is up and running, depending on your country of citizenship, you may be able to transition to an E-2 investor visa and remain in the United States indefinitely, as long as the business continues to operate successfully,” he said.

 

In the case he cited, the student later received a job offer but had already left the country.

 

“In this case, the client was hired by one of the companies he had reached out to, but after he left. He could have been self-employed, then moved onto that job. But by leaving and being unemployed so long, he lost the ability to use OPT,” said Khosravi.

 

Why OPT matters for H-1B plans

 

For many international graduates, OPT serves as a pathway between study and longer-term employment visas such as the H-1B visa.

 

The period allows students to gain work experience, build relationships with employers, and in some cases go through multiple H-1B lottery cycles while remaining in legal employment status.