F-1 Student’s Dismissed Traffic Case Sparks OPT Denial

An international student on an F-1 visa is facing a possible OPT denial after a past legal issue resurfaced during review. The student is currently in the 60 day grace period after graduation while waiting to begin Optional Practical Training.

The student applied for OPT in November, 2025. After submitting the application, they were involved in a traffic accident that resulted in a formal misdemeanour case. The incident later became central to the immigration review.

Although the court dismissed the case, the student had already been fingerprinted during the process. They later pleaded guilty to a minor traffic violation and paid the required fine, assuming the matter was fully resolved.

USCIS has now issued a Notice of Intent to Deny based on this history. Officials stated that the student failed to meet the required burden of proof to qualify for OPT approval under discretionary standards.

Legal experts have pointed out that work authorisation is a discretionary federal benefit. Once USCIS forms a negative view, reversing it becomes extremely difficult, even if the underlying case was dismissed by the court.

Some advisors have suggested transferring to a Day 1 CPT school to continue working legally. However, this option can seriously impact future visa applications and long term immigration prospects.

The NOID does not mean a final rejection yet. The student must submit a response before the March 2nd deadline, or they will lose both OPT and the ability to transfer to a CPT programme.

The uncertainty has placed the student under severe stress. The choice now is between risking future visa chances through CPT or leaving the United States once the grace period ends.