OPT or H-1B? Worker in Limbo After DUI Halts Visa

A foreign student in the United States is trapped in a visa mess after a Driving Under the Influence (DUI) charge derailed both his current work permit and future employment plans.

From OPT to Visa Trouble

The student arrived in the US on an F-1 visa and completed his Optional Practical Training (OPT) in June 2025. He applied for a 24-month STEM extension in May, well within the deadline, which should have allowed him to work while the case was under review.

H-1B Application Complicates Matters

His employer also filed an H-1B petition during the June lottery, triggering a background check by immigration authorities. In October, the US Citizenship and Immigration Services (USCIS) issued a Request for Evidence (RFE) asking for his fingerprints.

DUI Case Sparks Investigation

The student believes the RFE is linked to a DUI case filed against him on January 1, 2025. Although he claims the case was closed, US authorities treat DUI charges seriously, and even a resolved case can affect visa approvals or lead to status cancellation.

OPT Extension and H-1B Frozen

With the STEM OPT extension still pending and the H-1B process frozen, the student is stuck in legal limbo. He remains in the US lawfully but has no proof that he can work. Recruiters continue to ask for documentation he doesn’t have, leaving his career on hold.

Uncertain Future Ahead

The unresolved DUI adds more pressure, as it could lead to his visa being revoked entirely, especially under stricter visa policies. The US immigration system, known for its complex and unforgiving process, leaves little room for error once a case like this arises.