Navigating OPT: Understanding ICE Warning Letters and Maintaining Your F-1 Status

For international students pursuing their academic and professional goals in the United States, Optional Practical Training (OPT) offers a valuable opportunity to gain practical experience in their field of study. However, maintaining F-1 status during OPT requires strict adherence to regulations set forth by the Student and Exchange Visitor Program (SEVP) and U.S. Citizenship and Immigration Services (USCIS). Recently, Immigration and Customs Enforcement (ICE) has been issuing warning notices to F-1 students on OPT who have not reported employment information in their SEVP portal accounts for more than 90 days. This article provides a comprehensive guide to understanding these warning letters, OPT reporting requirements, and how to maintain your F-1 status throughout your OPT period.

Introduction to OPT and F-1 Status

OPT is a temporary employment authorization available to F-1 students, allowing them to work in a job directly related to their major field of study. It is a "benefit" of F-1 status, and students remain in F-1 status during both pre-completion and post-completion OPT, including STEM OPT extensions.

The ICE Warning Letters: A Critical Alert

Immigration and Customs Enforcement (ICE) has recently begun issuing warning notices to certain F-1 students participating in Optional Practical Training (OPT). These notices are being sent to students who have exceeded 90 days without reporting any employment in their SEVP portal account. Receiving such a notice should be treated as a serious matter, requiring immediate action to avoid potential consequences.

Responding to a Warning Letter

If you receive a warning notice from ICE, it means that you have exceeded 90 days of unemployment without reporting your employment information in the SEVP portal. SEVP gives students just 15 days from the date of a warning to fix their record before it is officially terminated. You will have 15 days to update your employment information in the Student and Exchange Visitor Information System (SEVIS).

It is essential to take the following steps:

Immediately Update Your SEVP Portal: Log in to your SEVP portal account and ensure that all employment information is accurate and up-to-date.
Report All Employment: Report any paid or unpaid work/employment details to the ISO through iMIT within 10 calendar days once the start date on the approved Post-Completion OPT EAD card is reached.
Seek Legal Advice: You are strongly encouraged to consult with an immigration attorney as soon as possible.

Mandatory OPT Reporting Requirements

Maintaining F-1 status during OPT requires diligent reporting of any changes or updates to your employment situation. Failure to report on time can result in the TERMINATION of an individual’s F-1 status and OPT authorization(s). All of the following MUST be reported to the ISO:

Reporting Deadlines

All changes and updates MUST be reported to the ISO (through iMIT) within 10 calendar days. THIS IS A FEDERAL REQUIREMENT. Once the start date on the approved Post-Completion OPT EAD card is reached, individuals MUST report their OPT work/employment details to the ISO through iMIT within 10 calendar days. All required updates MUST be reported directly to ISO through iMIT.

Information to Report

All of the following MUST be reported to the ISO:

Employer Name: The full legal name of your employer.
Employer Address(s): If the company “headquarters” address is different from where the student will physically be working (i.e., “worksite location”), then the student must report their physical worksite location.
Job Title: Your official job title at the company.
Start Date: The date you began working in the position.
End Date: The date your employment ended (if applicable).
Number of Hours: ALL OPT work/employment MUST be more than 20 hours per week.
Detailed Job Description: Review the USCIS/SEVP Policy Guidance on how to report the “Direct Relationship Between Employment and a Student’s Degree Field of Study” (pages 4 and 5). Provide a detailed explanation of a direct relationship between your job duties and your major field of study and degree level.
Remote Work Location: To report remote work, please include the remote work location after the explanation of the direct relationship.

Multiple Employers

NOTE: Multiple employers are allowed. This may include one full-time and one part-time job, or several part-time jobs that together equal more than 20 hours per week.

Reporting During the H-1B Cap-Gap Extension

COMPLIANCE ALERT: The above reporting requirements apply during the H-1B Cap-Gap Extension.

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How to Login & Report OPT Updates in iMIT

All required updates MUST be reported directly to ISO through iMIT. NOTE: An SEVP Portal account MUST be created promptly, as the activation link will expire. ATTENTION: Reporting is REQUIRED and will result in the issuance of a new Form I-20 with updated information.

Maintaining F-1 Status During OPT

Maintaining your F-1 status during OPT requires adherence to several key regulations:

OPT Unemployment Limits & Rules

OPT gives you the chance to work in a job related to your field of study, but according to federal law, you’re only allowed a total of 90 days of unemployment during your 12-month OPT period. If you don’t report your job to SEVIS, each day you fail to report is counted as a day of unemployment, even if you are actually working. Once you go over the 90-day limit, your SEVIS record could be terminated, which may lead to removal from the United States.

Unpaid or Volunteer Work/Employment During OPT

Unpaid employment: You may work as a volunteer or unpaid intern.

Work Options

Short-term multiple employers (performing artists): Music students and other performing artists may work for multiple short-term employers (gigs).
Work for hire: This is employment where you perform a service based on a contractual relationship rather than an employment relationship.
Self-employed business owner: A student on OPT may start a business and be self-employed.

Institution, School, or Program Transfers

immigration regulations when transferring an F-1 SEVIS record to a new institution, school, or program. A “transfer release date” MUST be a date in the future. The ISO REQUIRES at least 10 business days to process the SEVIS transfer. The ISO can ONLY transfer a student’s SEVIS record after receiving the required documents mentioned above. The new institution, school, or program CANNOT issue a new Form I-20 until AFTER the approved transfer release date chosen by the F-1 student. ALL work/employment authorizations (on-campus/OPT) will end on the transfer release date chosen by the F-1 student.

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Enrollment in Academic Courses

Per SEVP guidance, students engaged in post-completion OPT may not enroll in degree-seeking academic courses. Only recreational courses (such as pottery or cooking classes) are permitted. Violating this guidance can result in the loss of valid F-1 OPT status and accrual of unlawful presence.

Travel During OPT

During your OPT period, please make sure you have a valid travel endorsement on your current I-20 for any international trips. During OPT, each travel signature is valid for 6 months. Travel while your OPT/STEM OPT approval is pending requires extreme caution. If you are making the request before your OPT start date, please confirm the purpose of the I-20 (for example, international travel).

STEM OPT Extension

Requests for STEM OPT extensions must be submitted to USCIS no earlier than 90 days prior to completion of OPT and no later than the OPT end date. OISS can issue an I-20 that will reflect the effective extension of your OPT work authorization period, if applicable.

Requirements During STEM OPT

During STEM OPT, you are required to submit a validation report every 6 months, even if your information has not changed. In addition, you must submit a self-evaluation signed by your employer within the first 12 months of your STEM OPT extension and at the end of your 24-month STEM OPT extension. The purpose of the validation report is to confirm that your information in the SEVP Student Portal is up-to-date and accurate. You will not be able to submit any changes to your information through the validation report form. Instead, any necessary updates must be done prior to submitting the validation report.

Changes in Employment During STEM OPT

If there is a change in your employment or the Form I-983 Training Plan, you must report it to OISS as soon as possible, but no later than 10 days from the change, using our online reporting form.

Travel During STEM OPT

During your STEM OPT period, please make sure you have a valid travel endorsement on your current I-20 for any international trips. During STEM OPT, each travel signature is valid for 6 months.

Additional Considerations

Public Charge Rule

When applying for a green card or seeking admission into the United States, one of the legal hurdles many applicants may face is the public charge ground of inadmissibility. This test evaluates whether someone is likely to become primarily dependent on the government for support. Under this rule, the Department of Homeland Security (DHS) must determine whether the applicant is likely to become primarily dependent on the government for subsistence. This typically refers to receiving: Public cash assistance for income maintenance (such as SSI or TANF), or Long-term institutional care at government expense. Many categories of immigrants are exempt from the public charge ground of inadmissibility. These include: Asylees and refugees, Special immigrant juveniles, Violence Against Women Act (VAWA) self-petitioners, T and U visa applicants, and Temporary Protected Status (TPS) applicants.

USCIS Policies and Procedures

USCIS has always had the option to request biometric appointments for OPT and OPT STEM applicants. Students who file Form I-765 for employment authorizations such as OPT and OPT STEM on or after December 12, 2025, may receive a USCIS notice requiring them to attend a Biometrics Services Appointment at an Application Support Center (ASC).

Impact of Policy Changes

immigration policy is unpredictable and subject to change. A new presidential administration will take office in January 2025. As a new administration prepares to take office, we understand there may be adjustments to immigration policies and practices.

Resources and Support

The International Center: Your resource regarding immigration advice and support. Our advisors are available for appointments to discuss your concerns and questions.
USCIS Public Charge Resources
ILRC Medi-Cal and Public Charge Alert (2024)
California Medi-Cal Immigrant Eligibility FAQ
Study in the States SEVP Portal Help section

tags: #OPT #students #ICE #warning #letters #requirements