Is Travel Allowed During a Pending OPT Application?

Are you an international student awaiting approval for your Optional Practical Training (OPT) application? In 2024, there were around 1.58 million F-1 and M-1 students and recent graduates in the US. Of these, 418,781 graduates were authorized to work through OPT.

OPT generally allows eligible F-1 students to work temporarily in the United States in a job related to their field of study. Although it has important eligibility and timing rules, OPT is often easier to obtain than an H-1B visa because it does not require employer sponsorship.

Typically, the period between applying for OPT and receiving your work permit or Employment Authorization Document(EAD) can be risky, especially for international travel. Although traveling abroad is possible, doing so comes with consequences that can affect your long-term immigration status, particularly if you have a pending OPT application. 

Understanding What a Pending OPT Status Means

A pending OPT application means that you have filed the Application for Employment Authorization with US Citizenship and Immigration Services (USCIS), and it is currently under review. Although USCIS processing times vary, OPT applications typically take about 90 to 120 days, and sometimes longer. 

Your F-1 status remains in place while the OPT application is pending and continues after approval, provided you comply with OPT rules. However, your authorization to work and ability to reenter the US after traveling abroad depend on rules that can be easy to break without proper legal guidance.

Risks Involved When Traveling During a Pending OPT Application

The biggest concern with traveling during a pending OPT application is not whether it’s allowed. It’s more about whether it’s a wise decision. Before making any travel plans, understand the travel risks associated with a pending OPT case. 

Difficulty responding to requests for evidence (RFE)

While you are outside the US, USCIS may issue an RFE or a notice of intent to deny. USCIS issues these time-sensitive notices to your US mailing address and requires a prompt response to avoid adverse action. 

They may deny your OPT application for abandonment if you’re not around to receive your mail or can’t respond quickly because you’re away. Resolving these issues from abroad is significantly more difficult and often impossible within the strict filing windows.

Increased scrutiny at the port of entry

Even if you have your F-1 visa and receipt notice, you may encounter intensive questioning by US Customs and Border Protection (CBP) officers. Traveling abroad with a pending OPT application and returning to the US may result in increased scrutiny at the port of entry, as CBP officers will scrutinize your nonimmigrant intent. 

You may be denied entry if the CBP officers perceive that you are a high risk of unemployment and cannot show the proper documents, or if your legal status is at risk due to a pending OPT application. They may ask you to prove your intent to maintain F-1 status, evidence of a completed degree, and proof of OPT filing. 

Complications with reentry without an EAD

Without an approved Employment Authorization Document, you have limited proof of post-graduation work authorization. That can make reentering the US more challenging because you may not be able to clearly demonstrate that your OPT case is approved or that you are ready to begin authorized employment. 

Without an EAD, your return depends more heavily on your receipt notice, Certificate of Eligibility for Nonimmigrant Student Status form, passport, visa, and school records. If any of those documents are missing or outdated, the risk of delay or denial increases.

Manage the OPT Process With ALG Lawyers

Given the legal complexities involved, working with an experienced Los Angeles immigration lawyer to manage the OPT process is beneficial. Professional guidance can help you better assess the risks of traveling abroad and ensure the accuracy of your documentation. It can further help you protect your status while your OPT remains under review. 

Our team at ALG Lawyers ensures the timely and accurate filing of OPT applications. We also offer personalized assistance to help you successfully transition into the US workforce. Arrange a consultation today to obtain a comprehensive review of your immigration needs. 

FAQs on Is Travel Allowed During a Pending OPT Application

A pending OPT application does not automatically cancel your F-1 status if you filed properly and continue to meet F-1 requirements. However, international travel can put your status at risk. It can create reentry problems and real complications, particularly if the OPT is denied while you are outside the US. 

After you finish your degree, you can’t work on or off campus until you have your physical EAD card and your approved start date has begun, if USCIS indicates an approval on your case status.

Although not totally risk-free, traveling abroad is safer once your OPT is approved. After approval, you can show proof of work authorization through your EAD and other relevant documents. This makes it easier to demonstrate your intent to return to the US in a valid F-1 status. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)