For international students planning to build careers in the United States, the pathway from Optional Practical Training (OPT) to the H-1B visa is becoming significantly more demanding. Immigration experts warn that what was once treated as routine compliance paperwork has now become a central focus of scrutiny, with US authorities re-examining whether students genuinely maintained lawful status throughout their OPT and STEM OPT periods.
According to immigration attorney Rebecca Chen of Reddy Neumann Brown PC, there has been a noticeable rise in Requests for Evidence (RFEs) issued by US Citizenship and Immigration Services over the past year. These RFEs, she says, go far beyond clerical errors.
“Adjudicators are now looking closely at whether students truly maintained F-1 status throughout OPT or STEM OPT, rather than focusing only on technical filing issues,” Chen wrote in a recent blog post. “What was once treated as a largely administrative programme has become a focal point of adjudicatory scrutiny.”
A Tougher Visa Climate
The shift comes amid a tightening US immigration environment, including the introduction of a proposed $100,000 H-1B fee framework and increased attention on continuous lawful status in change-of-status filings. While the new fee does not apply to applicants already in the US seeking a status change, eligibility for that route depends entirely on having remained in valid status throughout OPT or STEM OPT.
For thousands of international graduates—particularly Indian students—OPT and STEM OPT are the critical bridge between education and long-term employment. Any gaps, inconsistencies, or weak documentation during this period can now have serious consequences.
What Are OPT and STEM OPT?
OPT allows students on an F-1 visa to work in the US for up to 12 months in a role directly related to their field of study. Most students use OPT after graduation and must secure an Employment Authorisation Document before starting work.
STEM OPT provides an additional 24-month extension for graduates in approved science, technology, engineering, and mathematics fields, allowing up to 36 months of total work authorisation. To qualify, students must work for an employer enrolled in E-Verify, have a formal training plan under Form I-983, and regularly report employment and address updates to their university.
OPT Is No Longer Passive Permission
Immigration specialists stress that OPT and STEM OPT are now treated as ongoing compliance programmes rather than simple permissions to work.
“Students must continuously demonstrate that they are engaged in qualifying employment and that their work aligns with the purpose of practical training,” Chen noted. “Employers are also expected to actively fulfil their supervisory and training obligations.”
USCIS officers are increasingly looking beyond surface-level filings to assess whether the spirit and substance of OPT regulations are being followed in day-to-day practice.
Why Form I-983 Matters More Than Ever
One of the most closely examined documents is Form I-983, the STEM OPT training plan. Chen said adjudicators are paying particular attention to whether employers have actually implemented what they promised on the form.
“Page three of the I-983 contains concrete representations to the US government about training, supervision, and evaluation,” she wrote. “USCIS is now asking whether those commitments were carried out in reality.”
Any changes in job duties, supervisors, work locations, or training structure require the form to be updated and re-signed. Employers are also being urged to retain evidence such as performance reviews, mentoring notes, progress reports, and training materials to demonstrate compliance.
Pay Rules Under the Microscope
Another major focus area is whether OPT and STEM OPT jobs are genuine and properly paid. For STEM OPT, payment is mandatory and must be comparable to that of similarly situated US workers. USCIS is increasingly asking for offer letters, payroll records, and proof of ongoing employment.
Unpaid roles during the initial 12-month OPT period, while technically allowed, are now facing heightened scrutiny. “If a student is performing core business functions or filling what looks like a standard entry-level role, unpaid arrangements may be viewed as inconsistent with the purpose of OPT,” Chen explained.
She added that unpaid OPT roles are generally safer in structured, educational environments such as non-profits, research organisations, or academic settings, where clear learning objectives and close supervision are documented.
Direct Impact on H-1B Filings
The implications for H-1B applications are significant. Even minor compliance gaps—late reporting, unclear employment histories, or weak STEM documentation—can now trigger delays, RFEs, or outright denials.
“Issues that were once treated as minor can now determine whether a worker can remain in the US or is forced into consular processing,” Chen warned, potentially exposing them to higher costs and uncertainty.
A New Reality for Students and Employers
As scrutiny intensifies, immigration experts advise students and employers to treat OPT and STEM OPT with the same seriousness as long-term visa programmes. Detailed record-keeping, timely reporting, and strict adherence to training plans are no longer optional—they are essential.
For international graduates hoping to transition from OPT to the H-1B, the message is clear: compliance is no longer just paperwork. It is the foundation of lawful status and future opportunity in the United States.
