Delivery Blunder: F-1 Receives OPT After 90-Day Limit

An international student on an F-1 visa is facing a serious issue related to their Optional Practical Training employment. The problem reportedly began when the United States Postal Service misdelivered the student’s Employment Authorization Document card.

The student eventually managed to recover the EAD card. However, it was received only after the 90 day unemployment limit under the OPT rules had already passed.

Under OPT regulations, the unemployment clock starts from the date mentioned on the EAD card. If the 90 day unemployment limit is crossed, a student’s legal status in the United States can be automatically terminated.

The student currently has a job interview scheduled. However, company human resources teams are reportedly hesitant to proceed because of the possible immigration status violation.

A major complication is that students are not allowed to start working without the physical EAD card. This restriction prevented the student from beginning employment earlier.

Immigration experts advise the student to immediately consult an immigration attorney. Legal assistance may help explore options to restore or clarify the student’s status.

An attorney could review whether the delivery mistake may be used as a legal argument. In some cases, such issues may support a request to reconsider the unemployment timeline.

The student has also been advised to contact their Designated School Official without delay. The DSO can check the student’s SEVIS record and confirm whether the status is still active or has been terminated.

Experts also suggest contacting the United States Citizenship and Immigration Services in addition to the postal service. Reporting a missing or delayed delivery may help document the situation officially.

In certain cases, informing USCIS about delivery problems can prevent the unemployment clock from being counted incorrectly before the student receives the card.