My visa /passport is expired, can I apply for OPT?

When OPT applicants file the application to USCIS, they need to include a scanned copy of the passport photo page and F-1 student visa page (Click the following related blog post to see the entire list of required documents for OPT application). OPT applicants whose visa or passport has been expired or is about to expire might wonder and worry if it is ok to file the OPT application with an expired visa/passport.

This blog post will introduce the responsibilities of F-1 students regarding the visa and passport to see if they can file the OPT application with expired visa and/or passport.

Related blog post: 7 Require documents for OPT Application

Disclaimer: SEVIS SAVVY delivers information based on the visa/immigration regulations and this is no legal advice by any means. Since institutional policies may vary, getting confirmation from your international student advisor will be helpful to ensure that you comply with institutional policies and processes.

Contents

• Case study scenario
• The answer based on the regulation

Case study scenario

Q1: My visa is expired, but I would like to apply for the OPT program. Can I apply for OPT with an expired F-1 visa?

Q2: My passport is expired, but I never traveled outside the USA. Can I apply for OPT with an expired passport?

The answer based on the regulation

To answer those two questions, it is important to understand the responsibilities of F-1 students in terms of maintaining their status. From the next paragraph, what U.S. government agencies say about maintaining a valid visa and passport will be introduced.

Expired visa

Let’s start with the first question. I often use a key as a metaphor for a visa– you need a key to open the door and come in, but you don’t necessarily need a key while you are staying at home. In the same sense, F-1 students need a visa to enter the U.S. but while staying in the United States, it is ok to have expired visas. However, you would need a new one when you attempt to re-enter the U.S. after traveling out of the country.

ICE (U.S. Immigration and Customs Enforcement) wrote the same on their webpage:

You can stay in the United States on an expired F-1 visa as long as you maintain your student status. However, if you are returning home or traveling to a country where automatic revalidation does not apply, you must have a valid visa to return to the United States.

Re-entry for F-1 Non-immigrants Travelling Outside the United States for Five Months or Fewer

Therefore, you are eligible to apply for OPT program even though your student visa is expiring or has been expired. Again, students, who plan to travel with an expired visa once their OPT is approved, would need a new visa to re-enter the U.S. It is worth noting that students should go back to their home countries to renew their visas.

Related blog post: US Embassy decided to expand interview waiver eligibility

Expired passport

When it comes to the passport, the immigration regulation 8 CFR 214.3(i) requires F-1 students to “maintain a valid passport” to comply with “DHS [Department of Homeland Security] regulations pertaining to them.” It also says that “DHS officers will take appropriate action regarding violations of the regulations by nonimmigrant students.”

Therefore, unlike a visa, international students should try to keep their passports valid all the time during their study in the U.S. In this sense, it is highly unlikely that USCIS would approve the OPT application with an expired passport.

One good thing though is that foreign students don’t have to go back to their home countries to renew their passports if there are embassies in the United States. Students can google their embassies in the United States and inquire what is the process to renew the passport.

(i) Administration of student regulations. DHS officials may conduct out-of-cycle, on-site reviews on the campuses of SEVP-certified schools to determine whether nonimmigrant students on those campuses are complying with DHS regulations pertaining to them, including the requirement that each maintains a valid passport. DHS officers will take appropriate action regarding violations of the regulations by nonimmigrant students.

8 CFR 214.3(i)

To sum, it is ok for students to apply for OPT with an expired visa, but it is highly recommended to have a valid passport for successful OPT application filing.

To read all the OPT-related information that international students must know, click OPT page. For STEM OPT-related information, click the STEM OPT page.