A student visa holder had to leave the United States after missing the opportunity to work under the Optional Practical Training (OPT) programme not due to any violation, but because of a lack of awareness about the rules.
Immigration attorney John Khosravi highlighted the case in a LinkedIn post, calling it “heartbreaking.”
He said the student lost the chance to use OPT simply because they did not fully understand how the programme works.
Khosravi pointed out a common misconception that students must secure a traditional job to stay in the US under OPT. “That’s not true,” he said, explaining that self-employment is allowed during the initial OPT period.
According to him, students can start and run their own business as long as the work is genuine, related to their field of study, and meets basic requirements such as part-time engagement.
“You don’t even need a salary, as long as the business is real and operational,” he explained.
He added that once a business is established, some individuals may even transition to an investor visa, depending on their nationality, and continue living in the US as long as the business remains active.
In the case he cited, the student had actually been selected by a company after leaving the US.
“He could have stayed, worked as self-employed, and then taken up the job. But because he left and remained unemployed for too long, he lost his OPT eligibility,” Khosravi said.
What is OPT?
The OPT programme allows international students, usually on an F-1 visa, to work in their field of study for up to one year after or during their course. Students from STEM fields can extend this by an additional two years.
Self-employment under OPT: Key Conditions
Must hold a valid F-1 student visa
Must have completed at least one academic year in a US institution
Can start and run a business
Work must be directly related to the degree
Must actively work in the business
Business should be operational, even without a salary
Experts say the case highlights how a lack of awareness about immigration rules can lead to serious consequences, even for students who follow the law.
