Student Visa Lawyer: F-1, Status Changes, and OPT Work Options

Studying in the United States on a student visa can be very beneficial for young people, but the immigration rules are strict. One mistake, such as dropping below full-time, working without proper authorization, or missing an important deadline can put your F-1 status and your future plans at risk.

A student visa lawyer helps you understand how F-1 really works, whether you should apply for a visa abroad or change status inside the U.S., how to use work options like Optional Practical Training (OPT) and Science, Technology, Engineering, or Math (STEM) OPT, and what to do if something goes wrong.

This guide explains F-1 basics, maintaining and changing status, practical training, typical problems, and how a lawyer can help protect your options.

F-1 Student Visa Basics

The main academic student category is the F-1 visa. To study in the U.S., you normally must:

Be admitted to a Student and Exchange Visitor Program (SEVP) – certified school
Receive a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, from that school
Pay the Student and Exchange Visitor Information System (SEVIS) fee
Complete the online DS-160 and attend a visa interview at a U.S. embassy or consulate.

The Department of State explains this process in more detail on its page about the Student Visa.

It is important to separate two ideas:

The visa in your passport is a travel document that lets you request entry at the border.
Your status inside the U.S. is what you maintain by following F-1 rules and keeping your SEVIS record and I-20 valid.

Most F-1 students must keep studying full-time and then depart, transfer, or change status within a limited grace period after the program (or any authorized practical training) ends.

Maintaining F-1 Status in the United States

Once you arrive and are admitted in F-1 status, you have a continuing duty to maintain that status. That means doing what the student visa was issued for – studying – and following both immigration regulations and your school’s policies.

In practice, maintaining F-1 status usually requires:

Full-time enrollment. You must take a full course of study as your school defines it. Only limited reductions are allowed, and your Designated School Official (DSO) must approve them in SEVIS before you drop credits. The Department of Homeland Security explains these expectations on its Study in the States page about Maintaining Your Status.
Accurate and current I-20. If your major, funding, or program end date changes, the DSO should update your SEVIS record and issue a new I-20.
Respecting work limits. F-1 students can work only in specific ways, such as authorized on-campus employment or approved practical training. Working without authorization is a common and serious violation.
Watching dates and grace periods. At the end of your program or OPT, you usually have a short grace period to transfer, change status, start a new program, or depart. Ignoring that window can create unlawful presence problems later.

If you stop following these rules, your SEVIS record can be terminated and you may lose F-1 status. That can affect not only your ability to stay now, but also future visas or green-card options.

Changing to F-1 Status Inside the United States

Some people are already in the U.S. in another status (for example, B-2 visitor or another nonimmigrant category) and want to change to F-1 without leaving the country. In many cases, they apply to U.S. Citizenship and Immigration Services (USCIS) using Form I-539, Application to Extend/Change Nonimmigrant Status, which is described on the USCIS page for Form I-539.

USCIS also has guidance on how to change to a nonimmigrant F or M student status, including rules about maintaining your current status while the request is pending.

A student visa lawyer can help you think through questions such as:

Is it safer to apply for an F-1 visa abroad or file a change of status from inside the U.S.?
Will USCIS decide your I-539 before your program start date, or do you need “bridge” extensions to keep your current status valid while you wait?
Can you start studying while the change of status is pending, or do you have to wait for approval?
What happens if the change of status is denied, and how will that affect your ability to apply for an F-1 visa at a consulate later?

Because timing, travel plans, and your past immigration history all matter, it is smart to coordinate early with both your DSO and a lawyer if you are considering a change of status.

F-1 Work Options and Practical Training

Many students want or need to work during or after their studies, but F-1 rules are very specific.

On-Campus Employment

F-1 students may be allowed to work on campus up to a limited number of hours per week while school is in session, and more during official breaks, with proper DSO approval. The job must fit the regulatory definition of on-campus employment, and you still have to maintain a full course of study.

Even on-campus jobs require planning:

Your DSO may need to note the job in SEVIS
You may need a Social Security number and must follow tax rules
You cannot rely on on-campus work as the only proof of financial support for visa purposes.

Practical Training: CPT and OPT

The more flexible and powerful work options are forms of practical training, which must relate directly to your major field of study. USCIS explains these options in its guidance for Students and Employment.

The two main categories most F-1 students use are:

Curricular Practical Training (CPT). This is employment that is part of your curriculum, such as an internship or cooperative education program. It must be authorized by your DSO on your I-20 before you start working, and it has to meet your school’s rules for CPT.
Optional Practical Training (OPT). OPT is temporary employment directly related to your major field of study. You can usually apply for up to 12 months of OPT either during your program (pre-completion) or after you graduate (post-completion), as long as you have been a full-time student for at least one academic year in valid F-1 status.

To work on OPT, you typically file Form I-765, Application for Employment Authorization, which is described on the USCIS page for Form I-765, Application for Employment Authorization. You must wait for USCIS to approve the application and issue your Employment Authorization Document (EAD) before you start working. If you work before the EAD arrives or outside the authorized dates, you can create a status problem.

Because the filing window and processing times change, an attorney can help you choose start dates and plan around graduation, travel, and job offers.

STEM OPT Extension and Cap-Gap

If you earned a qualifying degree in a science, technology, engineering, or math field, you may be able to apply for a 24-month STEM OPT extension after using your initial 12 months of post-completion OPT. USCIS explains the STEM extension rules, including employer participation in E-Verify and the training plan requirement, on its page about Optional Practical Training Extension for STEM Students.

A student visa lawyer can help you:

Confirm that your degree’s program code appears on the current STEM Designated Degree Program List
Make sure the job duties and employer meet STEM OPT requirements
File your STEM extension during the correct window so your work authorization continues while USCIS processes your case.

There is also a cap-gap benefit for some students whose employers file timely H-1B petitions. In certain situations, cap-gap can extend your F-1 status and, in some cases, work authorization while you wait for the H-1B start date. Because the details are technical, many students get legal advice before relying on cap-gap to stay or work.

Common F-1 Status Problems

Even serious students run into issues. Some of the most common F-1 problems include:

Dropping below full-time credits without prior DSO approval
Working off-campus or beyond allowed hours without proper authorization
Forgetting to extend the I-20 program end date and running past it
Failing to report address changes, school transfers, or major changes in SEVIS
Remaining in the U.S. beyond the grace period without a new program, new status, or departure.

Sometimes the school will terminate the SEVIS record. In other cases, USCIS discovers a past violation when you later apply for change of status, OPT, or another immigration benefit. The Department of Homeland Security’s Study in the States site explains what happens when a SEVIS record is terminated and how it affects your status, in its guidance on Termination of a Student’s Record.

A student visa lawyer will usually start by reviewing:

Your full immigration history (entries, exits, prior visas)
All I-20s and SEVIS notes
Your academic record and enrollment history
Any past employment, including informal or cash jobs.

Only after that review can they tell you whether you are still in status, whether a violation has already happened, and what realistic options you have.

Reinstatement and Regaining F-1 Status

If you have already fallen out of F-1 status, you generally face two main paths:

Reinstatement inside the United States. You file an application with USCIS asking to be “reinstated” to F-1 status and submit a new I-20 issued by your DSO for reinstatement. Study in the States discusses how reinstatement works and what DSOs must do when they recommend it, on its page about Reinstatement for Students.
Departing and reentering with a new SEVIS record. In some situations, it may be safer or more realistic to leave the U.S., obtain a new I-20 and, if needed, a new F-1 visa, and then return with a fresh SEVIS record.

Reinstatement is discretionary. USCIS typically looks at:

How the violation happened and whether it was beyond your control
How long you have been out of status
Whether you have otherwise been a serious student
Whether you are likely to follow the rules going forward.

A student visa attorney can help you decide which path makes more sense, prepare the explanation and supporting documents for reinstatement, and coordinate with your DSO so the school’s SEVIS actions match the legal strategy.

How Does a Student Visa Lawyer Help?

A good student visa lawyer does more than complete forms. They can:

Explain the rules in plain language. Instead of handing you regulations and expecting you to decode them, they walk through what “full-time enrollment,” “online class limits,” “grace period,” and “unauthorized employment” mean in everyday terms.
Plan your route into F-1 and beyond. They help you choose between applying for an F-1 visa at a consulate or changing status inside the U.S., and they think ahead about how your choices will affect later options such as H-1B, a green card, or naturalization.
Protect your work opportunities. They help you use on-campus jobs, CPT, OPT, and STEM OPT without crossing legal lines, and make sure your Form I-765 filings, I-20 updates, and job plans fit together.
Respond quickly when something goes wrong. If your SEVIS record is terminated, you get a warning from your school, or USCIS sends a request for evidence, they can help you understand how serious it is and what to do next.
Coordinate with your DSO. Many problems are easier to solve when the school and the lawyer are on the same page about timelines, documentation, and SEVIS notes.

For straightforward cases, you may only need a one-time consultation. For more complex histories like past violations, long gaps, or plans to move into another immigration category, having an ongoing relationship with a lawyer can be critical.

Conclusion

A student visa lawyer can help you connect all of the needed pieces into a single file. Instead of reacting to each issue in isolation, you can look ahead: how to start or change to F-1 in a way that fits your goals, how to use CPT, OPT, and STEM OPT without creating future problems, and how to respond if your school or USCIS raises concerns about your status. With good advice and clear communication with your DSO, you can focus on your studies and career plans knowing that your immigration strategy is aligned with them.

Disclaimer: This page provides general information, not legal advice. Immigration rules and procedures change. Always rely on current instructions from USCIS and the U.S. Department of State (linked above) and consult a qualified attorney about your specific situation.