F-1 OPT Denial: Classroom Work Termed Illegal

F-1 student OPT denial case

A one-month certified nursing assistant (CNA) prep class has turned into a nightmare for an F-1 student in the US. What was meant to be simple classroom learning is now being labelled as “unauthorized work” by US Citizenship and Immigration Services (USCIS).

Clinical Hours Treated as Work

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The student attended a CNA class that required clinical hours at a senior living facility. According to the school, these hours were part of the curriculum and did not need separate work authorization. The student was unpaid and only shadowed CNAs to prepare for the state exam.

OPT Denial and Visa Concerns

After waiting five months for a pre-completion OPT work permit, the student received a denial. USCIS argued that the clinical training counted as work, even though it was unpaid and mandatory. The decision caused the student to lose an internship and left their academic future in jeopardy.

Risk of Visa Revocation and Travel Issues

There are fears that the F-1 visa could be revoked, ending the course abruptly. The student, scheduled to travel abroad for a family wedding, also worries about potential re-entry issues and facing questions at the border.

Expert Advice and Urgent Steps

Immigration experts urge immediate action—contacting the school’s international office, gathering proof that the clinicals were coursework, and consulting an immigration attorney. An appeal can be filed, but swift timing is crucial to prevent further complications.

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