1.    I am an F-1 student working on my initial 12-month period of post-completion OPT. I will not be entered into the H-1B cap lottery and will not be the beneficiary of a petition to change my status to H-1B this year. How does international travel affect my status?

If USCIS has approved your request for an initial 12-month grant of post-completion OPT and has issued your employment authorization document (EAD), you should be able to leave and reenter the United States to begin or resume OPT employment, provided that you have an OPT job or job offer and you do not have a pending or approved application to change status to another non-immigrant category. (If you will be the beneficiary of an H-1B cap registration or a petition to change status to H-1B under the H-1B cap, see Questions 7 - 15.)

If you decide to travel, you should carry the following items with you:

• A valid passport;
• A valid F-1 visa stamp (unless you are Canadian). If your student visa has expired, you will need to apply for a new F-1 visa stamp to reenter the United States as a student (see Questions 4 and 15 for more details);
• An OPT-endorsed Form I-20 that has also been endorsed for travel by your designated school official (DSO) within the last six months;
• A valid EAD; and
• A letter from your OPT employer that verifies your employment. If you do not have a valid job or job offer, you will not be readmitted and your OPT may be terminated.

Keep in mind that the number of days you spend outside of the country while your EAD is valid may be counted against the regulatory limit on unemployment during the OPT period. Current USCIS rules require an F-1 student to have no more than 90 days of unemployment during an initial 12-month grant of post-completion OPT. (See Question 5 for the allowable period of unemployment during a STEM OPT extension.) Unemployment includes time spent in or outside the United States while unemployed, but does not include international travel that is part of your OPT employment or that takes place during leave authorized by your OPT employer.

2.    Can I travel abroad while my initial request for post-completion OPT is pending?

There are risks involved in traveling before your post-completion OPT request has been approved and you receive your OPT EAD, particularly if you have completed your course of study. Please reach out to your Fragomen attorney to discuss your options for traveling under these circumstances.

If you have a pending request for a STEM extension of OPT and are considering international travel, see Question 6.

3.    Can I travel abroad and reenter during the 60-day grace period after completing F-1 study or OPT?

If you have not applied for OPT or a STEM OPT extension or enrolled as a student in another F-1 program, you will not be able to travel abroad during the 60-day grace period and be readmitted in F-1 status. The purpose of the 60-day grace period is to provide you with time to prepare for final departure from the United States following the completion of your course of study or OPT.

If you are in the grace period and an H-1B petition and application to change status to H-1B have been filed on your behalf, see Question 10.

4.    I am an F-1 student who is eligible to travel abroad, but my visa has expired. Do I need a new visa to reenter the United States? What should I expect when I apply for a new F-1 visa and seek readmission?

Yes, unless you are a Canadian citizen, you will normally need to obtain a new visa stamp at a U.S. consulate. If, however, you are traveling to Canada, Mexico, or certain islands adjacent to the United States (other than Cuba), and staying for less than 30 days, you may be able to reenter the United States with your expired F-1 visa stamp, a valid passport, your EAD card (if in OPT), and an I-20 that has been endorsed for travel by your DSO. Qualifying adjacent islands include the Bahamas, Barbados, Bermuda, the Dominican Republic, Haiti, Jamaica, Martinique, Trinidad, and certain other islands. You should reach out to your Fragomen professional if you believe you fall under this exception. 

If you do not fall within this exception, you should take the following into consideration when applying for an F-1 visa: 

• You will need to establish that you are returning to the United States to resume legitimate F-1 student activities, such as continued study or OPT employment.
• You should be aware that officials at U.S. consulates and the U.S. border may question whether you have nonimmigrant intent, i.e., whether you genuinely intend to depart the United States after the completion of your F-1 activities.
• You will also have to undergo a security clearance before your visa can be issued. If your name, personal details, or travel history match or are similar to information in government security databases or travel watch lists, the State Department will not be able to issue a visa until it completes a security clearance. If this occurs, your reentry into the United States could be delayed.
• You may be subject to delays caused by COVID-19 safety protocols at U.S. consulates, which have prolonged visa appointment wait-times and visa issuance in certain regions of the world.

If you will be the beneficiary of a petition to change your status to H-1B, see Questions 13 - 16 for important additional instructions about travel and the visa application process.

5.    Can I travel if I am currently working on a STEM OPT extension and have a valid employment authorization document and F-1 visa? What if I need a new F-1 visa?

If USCIS has approved your request for a 24-month STEM OPT extension and has issued your EAD, you should be able to leave and reenter the United States to either begin or resume STEM OPT employment. You should carry all of the items identified in Question 1, including a valid passport, F-1 visa if required, a STEM-OPT-endorsed Form I-20 that has been endorsed for travel in the last six months, and an employment letter from your STEM OPT employer. Keep in mind that if you do not have a valid job or job offer at the time you apply for admission to the United States, you will not be readmitted upon your return and your OPT may be terminated. 

The number of days you spend unemployed outside of the United States may be counted against the regulatory limit on unemployment during the OPT period. Current USCIS rules require an F-1 student with a STEM OPT extension to have no more than 150 days of unemployment during their 36 months of OPT, no more than 90 days of which can be accrued during the initial 12 months of OPT. Unemployment includes time spent in or outside the United States while unemployed, but does not include international travel that is part of your OPT employment or that takes place during leave authorized by your OPT employer.

If you will be the beneficiary of a petition to change your status to H-1B, see Questions 13 - 16 for important additional instructions about travel and the visa application process.

6.    Can I travel abroad while my STEM OPT extension application is pending?

If your initial grant of OPT, your initial EAD, and your F-1 visa will all remain valid throughout your trip, then you should be able to leave the country and return in valid F-1 status while the extension application is adjudicated, provided you carry and present the documents listed in Question 1. If your F-1 visa has expired but your initial EAD remains valid, you should contact your Fragomen professional to discuss the risks involved in traveling and applying for a visa at a U.S. consulate, including possible significant delays at U.S. consulates.

If your initial grant of OPT has expired and your request for a STEM OPT extension remains unadjudicated, you should also be able to leave the country and return in valid F-1 status, provided that you carry the following items with you:

• A valid passport;
• A valid F-1 visa stamp (not required if you are Canadian);
• A STEM-OPT-endorsed Form I-20 Certificate that has also been endorsed by your DSO for travel in the last six months;
• Your expired EAD;
• The filing receipt for your application for a STEM OPT extension and a copy of the EAD extension application; and
• A letter from your OPT employer that verifies your employment.

Keep in mind that, as with any other instance in which an individual seeks admission to the United States, admissibility is determined at the time the individual applies for admission at the port of entry, and CBP makes such determinations after examining the applicant for admission.

Also, it is worth noting that premium processing service is currently available for pending F-1 OPT and STEM OPT applications, and starting April 3, the expedited service will be available for initial applications as well. The fee for premium processing these applications is $1,500 and the adjudication timeframe is 30 calendar days after USCIS receives all prerequisites for the application. For more information on premium processing an OPT or STEM OPT application, please refer to the USCIS website.

If you will be the beneficiary of a petition to change your status to H-1B, see Questions 13 – 16 for important additional instructions about travel and the visa application process.

7.    My employer submitted a registration on my behalf in this year’s H-1B cap lottery. How will this affect my ability to travel?

Being entered into and/or selected in the H-1B cap lottery will not on its own affect your ability to travel while in F-1 status. If you are not selected in the lottery and need to travel, see Questions 1 - 6 above to determine whether travel is appropriate, and if so, what documentation you will need to reenter the States. 

Also refer to Questions 1 - 6 if you are selected in the H-1B cap lottery and you need to travel before an H-1B cap petition and application to change status are filed on your behalf. If you decide to travel in this scenario, keep in mind that you must be physically present in the United States when your employer files your H-1B change of status petition with USCIS. Also note that in order to preserve cap-gap benefits, your change of status petition must be received by USCIS while you are still in a period of valid F-1 status. To extend work authorization under the cap gap, the petition must be received at USCIS while your OPT is still valid. 

Please see Questions 8 - 16 if you are selected in the H-1B cap lottery and need to travel after your employer files a change of status petition on your behalf. 

8.    I am an F-1 student and an H-1B cap petition and application to change status to H-1B have been filed on my behalf. May I travel internationally while they are pending?

If you leave the United States before your change of status is approved by USCIS, you will have to take extra steps to assume your H-1B status before you begin H-1B employment on October 1 (or later, depending upon the employment start date requested by your H-1B employer).

If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. USCIS may still approve the H-1B petition itself, but you would not automatically change from F-1 to H-1B status on the start date of your approved H-1B petition. Instead, you would have to leave the United States again and apply for an H-1B visa at a U.S. consulate or, if otherwise permissible, have your employer submit a new petition to change status to H-1B after your return.

If you apply for an H-1B visa abroad, you could be subject to a long wait overseas during the visa application process, which could delay your return to the United States and your ability to begin your H-1B employment on time. See Questions 13 - 15 for more information about the visa application process.

In general, you should be able to reenter the United States in F-1 status prior to your H-1B employment start date to resume your F-1 activities, though you may be subject to greater scrutiny about nonimmigrant intent based on the filing of the H-1B petition. See Question 13 for more information about this issue. See Question 11 for additional considerations if you are considering international travel during a cap gap period.

9.    I am an F-1 student who is still in school. I am not applying for Optional Practical Training, but I will be the beneficiary of an H-1B cap petition. After my H-1B petition and application to change status are approved, can I travel abroad before my H-1B employment start date?

After your change of status is approved but before it takes effect, you should be able to travel abroad and reenter, as long as your course of study is not finished, and you are coming back to the United States to resume your studies. (If you will be finished with school by the time you travel, see Question 10.)

When you travel, make sure you have a valid passport, a valid F-1 visa stamp (unless you are a visa-exempt Canadian), and a Form I-20 that is endorsed for travel. If your F-1 visa is no longer valid, you will need to get a new one to reenter in F-1 status (unless you are eligible for automatic visa revalidation, as described in Question 4 above). You may experience delays during the visa application process, as detailed in Question 15.

Keep in mind that you may be subject to greater scrutiny about your nonimmigrant intent based on the filing of your H-1B petition. See Question 13 for important information about this issue.

10.    I have completed my F-1 academic studies and am not applying for post-completion Optional Practical Training. After my H-1B petition and change of status are approved, will I be able to travel abroad?

If you have competed your studies and have not applied for OPT, you will not be able to return to the United States in F-1 status after international travel. However, if your H-1B petition and application to change status to H-1B are filed before your F-1 status expires, you can remain in the United States during the cap-gap period between the end of your F-1 period of stay (including 60-day grace period) and October 1. If your H-1B cap petition and change of status remain pending at USCIS beyond October 1, you can remain in the United States through the adjudication of the filing but you may not begin work until your cap petition and change of status are approved and take effect.

If you must leave the United States, you will have to apply for an H-1B visa to return, and will not be able to work in H-1B status until the H-1B employment start date requested by your employer. See Questions 13 - 15 for more information about H-1B visa application procedures and possible delays.

11.    I am an F-1 student awaiting a change of status to H-1B and my OPT expired after my change of status was filed. During the cap gap, can I travel internationally after my change of status is approved and reenter before October 1?

USCIS permits cap-gap travel in certain circumstances. However, you must be sure to have the appropriate documentation and be prepared to demonstrate that you intend to comply with F-1 rules, including having nonimmigrant intent and the intent to return to pursue legitimate F-1 activities. This is especially true if you will need to apply for a new F-1 visa in order to return to the United States. See Question 13 for important information about establishing nonimmigrant intent and Question 15 about visa processing delays. 

If your application to change status to H-1B was filed before your OPT expired and has been approved, you will receive a cap-gap extension of stay and work authorization through October 1, 2023. You may also travel abroad and return to the United States in F-1 status before October 1, even if your OPT EAD is no longer valid on its face. Your H-1B change of status petition must be approved prior to departure.

You will need the following documents in order to reenter in F-1 status:

• A valid passport;
• A valid F-1 visa stamp (unless you are Canadian);
• A Form I-20 Certificate that has been endorsed for travel by your DSO in the last six months and for a cap-gap extension of stay and work authorization;
• Your expired EAD; and
• A copy of your H-1B petition and approval notice.

If you travel abroad before your change of status to H-1B is approved, you will be unable to return in F-1 status and will need to take extra steps to assume H-1B status; see Question 8.

12.    I am currently in a valid period of OPT and I have a valid employment authorization document. Is international travel possible if my change of status petition has been approved?

If you are in a valid period of OPT (whether it is an initial grant or a STEM extension), have a valid EAD, and your change of status to H-1B has been approved before your U.S. departure, you should generally be able to return to the United States in F-1 status if you are returning to the U.S. before your H-1B change of status takes effect. You must have the appropriate documents and be able to show visa and immigration officers that you intend to comply with F-1 rules, including having nonimmigrant intent. See Question 13 for important information about establishing nonimmigrant intent. If your H-1B change of status is approved before you depart the United States, the change of status will take effect on October 1 as long as you have returned to the United States before that day.

You will need the following documents in order to reenter in F-1 status:

• A valid passport;
• A valid F-1 visa stamp (unless you are a Canadian). If you need to apply for a new F-1 visa stamp to reenter the United States as a student, you should expect delays at many U.S. consulates and additional questioning at the port of entry regarding nonimmigrant intent (see Questions 13 - 15 for more details);
• An OPT-endorsed Form I-20 that has been endorsed for travel by your DSO in the last six months;

• A valid EAD. If you are applying for an extension of your OPT on the basis of a degree in a designated STEM field, you should carry evidence of your timely filed EAD extension; and

• A letter from your OPT employer that verifies your employment. If you do not have a valid job offer, you may not be readmitted and your OPT may be terminated. You may not be able to return to the United States unless and until you obtain an H-1B visa.

Be sure to keep track of the number of days you spend unemployed outside the United States, as this travel time will be counted against the regulatory limit on unemployment during the OPT period, unless the travel takes place during leave authorized by your OPT employer or as part of your OPT employment. As indicated in Questions 1 and 5 above, current USCIS rules require an F-1 student to have no more than 90 days of unemployment during an initial grant of OPT; and for students who have been granted a 24-month OPT extension based on a STEM degree, the foreign national is limited to no more than an aggregate of 150 days of unemployment over the combined 36-month initial and STEM OPT periods.

13.    Before my H-1B change of status takes effect, I plan to leave the United States and reenter in F-1 status, but I will need to apply for a new F-1 visa while I am abroad. What should I expect during the visa application process and at the port of entry?

If you have an approved H-1B change of status and choose to travel abroad before it becomes effective, you should be prepared for possible delays and difficulties when you apply for a new F-1 visa and when you are inspected at the border.

First, officials at U.S. consulates and the U.S. border may question whether you have nonimmigrant intent, i.e., whether you genuinely intend to leave the United States after you complete your studies and any OPT status granted to you. Having a foreign residence that you do not intend to abandon and having the present intent to depart the United States after completion of your F-1 activities are requirements for F-1 status. If you have an approved H-1B in the system, consular and border officials may become aware that you have a professional job in the United States – a possible indication of lessened ties to your home country and possibly stronger ties to the United States that could impact your intention to depart the United States at the conclusion of your F-1 stay. If a consular or border officer believes that you do not have the present intent to leave the United States after you have completed your F-1 activities, you could have your visa or entry denied or delayed, and you may have to wait overseas until you can apply for an H-1B visa to enter and start your H-1B employment. Unlike F-1 visa applicants, H-1B visa applicants are not required to maintain a foreign residence to which they intend to return at the end of their stay in the United States.

Second, like any visa applicant, you could be required to go through a security clearance before your visa can be issued. If your name, personal details, or travel history match or are similar to information in government security databases or travel watch lists, the State Department may not be able to issue a visa until it confirms that you are not the same person as an individual who appears on a security list. If this occurs, your reentry into the United States could be delayed.

Third, as with any visa application, the potential disruption of the consular officer summer transfer season at U.S. consulates may delay your ability to obtain a visa and return to the United States. See Question 15.

14.    If I decide to leave the United States before my H-1B employment start date, how soon can I apply for my H-1B visa and enter the United States in H-1B status?

U.S. consulates differ on how far in advance of an H-1B start date they will permit submission of an H-1B visa application, but in general, if your start date is October 1, 2023, you should be able to apply for your H-1B visa as early as July 3, 2023. Because procedures differ among U.S. consulates, especially during the COVID-19 pandemic, you should check with the consulate where you will apply for specific instructions on when you can submit your visa application. Contact information for U.S. embassies and consulates is available at https://www.usembassy.gov/.

Once you have applied for your H-1B visa, be prepared for possible security clearance and visa issuance delays. As discussed in Question 13, if your name, personal details, or travel history match information in government security databases or on travel watch lists, the State Department may not be able to issue your visa until it confirms that you are not the same person as a listed individual. A security clearance may also be required if you will work in high technology, engineering, or the sciences, or with products or services that have both commercial and military applications (known as "dual use" technologies). Security clearances typically get resolved in a matter of weeks, but can take several months or longer depending on the circumstances. See Question 15 for information on potential U.S. consular delays due to the consular officer transfer season.

Once you have received your H-1B visa, you may enter the United States up to ten days before your H-1B petition start date. If your start date is October 1, 2023, you can enter as early as September 21, 2023. The extra ten days allows you to get settled in the United States, but you cannot engage in work during this time. You are not authorized to start your H-1B employment until your actual petition start date.

15. How might the summer transfer season for consular officers at U.S. consulates affect my ability to get a new visa?

If you will need to apply for a visa to reenter the United States, you must be prepared for the possibility of increased waits at U.S. consulates and delays in your ability to resume F-1 activities or begin H-1B employment. You should carefully consider these potential delays when deciding whether to travel abroad. Discuss your travel plans and visa needs with your employer and your Fragomen professional before making travel reservations.

Summer is FSO transfer season, when many consular officers are completing their tour of duty at a particular consulate and moving on to their next assignment. As a result of this transitional period, there may be delays or disruptions in communications with posts and/or in the processing and return of issued visas. In addition, since the summer transfer season coincides with the heaviest period of annual visa demand, appointment wait times may be longer than normal and emergency requests less likely to be approved. In some areas, even if you are successful in booking an appointment, it could be cancelled by the consulate with little notice.

16. Must I attend an in-person interview if I apply for a new visa?

At some consular posts, you may be eligible for a waiver of the in-person appointment if you are applying in your home country and are renewing an F-1 visa stamp that is either still valid or expired within the last 48 months. In addition, under temporary measures intended to reduce backlogs at U.S. consulates, certain foreign nationals applying for an F-1 or H-1B visa in their country of nationality or residence may be eligible for an interview waiver at certain consulates if:

• You have been previously issued any type of U.S. visa and have never been refused a visa (or the visa refusal was overcome or waived); OR
• You are a first-time visa applicant, have previously traveled to the United States with ESTA authorization under the Visa Waiver Program, and have never received an ESTA denial.

Not all U.S. consulates offer interview waiver options, and some offer the option only to a narrow subset of those who may be eligible under the new policies. Further, interview waivers are granted at the discretion of the consulate, meaning that you could be required to attend an interview even if you meet the criteria for an interview waiver. If you must attend an interview, you may be subject to a lengthy wait for an appointment.

Whether or not you are required to attend an interview, your visa application is subject to security checks. If you are subject to an enhanced security check because your name is similar to a name listed on a security watch list or the purpose of your travel raises concerns, you will not be eligible for an interview waiver, and your application may be subject to lengthy security clearance processing delays.