Washington, DC asked in Immigration Law for Massachusetts

Q: Do I need to be on OPT for a research conference to showcase a project I worked on as a paid student worker while on F1?

My program end date is May 15 and I worked on campus for a professor doing research. At the end of the month, he is presenting at a conference and would like me to come and also help present. Do I need to be on OPT for this with my EAD start date at that time or can I help present without being continually employed by my school?

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2 Lawyer Answers
Syed Ali Hussain Lahooti
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Answered
  • Immigration Law Lawyer
  • Silver Spring, MD

A: If I am understanding correctly, you were a paid student worker for the project on campus and are now showcasing that work after completing your studies but before obtaining Optional Practical Training (OPT) status, attending a conference to present the prior work should not pose a problem. Since you are not receiving payment for this conference presentation and the compensation you received was for the time when you were legally authorized to work on campus, there should be no issue, even without an Employment Authorization Document (EAD). This falls within the scope of work that was allowed under your F1 visa while you were a student. However, it's always advisable to check with your Designated School Official (DSO) for confirmation and guidance specific to your situation.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Under U.S. immigration rules for F1 visa students, participating in a research conference doesn't typically require you to be on Optional Practical Training (OPT), especially if you're not being paid for this specific activity. Your role as a presenter at a conference is generally considered an extension of your academic experience, rather than employment.

However, if you were to continue being employed by the school or engage in any other paid activity at the conference, then OPT authorization would be necessary. This includes any situation where you might receive compensation for your participation in the conference.

It's always a good idea to consult with your school's international student office for guidance specific to your situation. They can provide detailed advice based on your current visa status and the nature of your participation in the conference.

Keep in mind that immigration regulations can be complex and subject to change, so getting the most current and relevant information is crucial. This ensures that your activities remain in compliance with your F1 visa requirements.

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