Yes — an F-1 student can still win OPT approval after a Notice of Intent to Deny (NOID) alleging unauthorized employment. Our client did exactly that. She applied for post-completion Optional Practical Training (OPT) so she could work legally in the United States after graduation, and USCIS responded with a NOID: a background check had surfaced a design project listed among her professional work, and USCIS treated it as a company and a job, alleging she may have engaged in unauthorized employment while on F-1 status. The Law Offices of Sabrina Li showed that the flagged project was never employment at all, and the case ended in approval of the I-765. Here is what happened, and what it means if you are an F-1 student facing a similar problem.
Our client first entered the United States on an F-1 student visa in 2017 and enrolled in a full-time academic program at a major American university. Like many students in design and technology fields, she built a portfolio project during her studies — a conceptual mobile app design she developed to practice her skills and prepare for the job market after graduation.
To describe her role in the project on her resume and portfolio, she used startup-style titles such as “Founder” and “Head of Product Development” — labels meant to reflect that she had initiated and designed the concept. In June 2025, she filed Form I-765 requesting post-completion OPT.
What made this case genuinely difficult was that USCIS did not dispute her eligibility for OPT. On review, the agency confirmed she qualified for employment authorization under the relevant regulation. The threat came from a different direction. A routine background and SEVIS check picked up the project and its titles, read them as evidence of a company and active employment, and in October 2025, USCIS issued a Notice of Intent to Deny alleging she may have engaged in unauthorized employment.
This is a trap that catches far more international students than people realize. Design, technology, and business students are encouraged to build portfolio pieces, mockups, and “startup simulations” to demonstrate initiative — and to describe them in impressive, resume-friendly terms. But a title like “Founder” attached to a personal project can look, to an officer reviewing a file, exactly like a real job. For an F-1 student, that misreading can turn a harmless learning exercise into an unauthorized employment allegation. A denial here would not have simply cost our client a work permit. It could have ended her lawful F-1 status and created a record capable of shadowing every future immigration application she ever filed.
We built a focused response aimed at the one question that decided the case: whether the flagged project actually met the legal definition of “employment” under federal immigration regulations. At a high level, we established the true nature of the project and answered USCIS on the legal standard the agency is required to apply, then filed a complete response ahead of the deadline.
In June 2026, USCIS approved the I-765. The Employment Authorization Document (EAD) was issued valid through October 31, 2026 — the legal work authorization our client needed to begin her career in the United States.
This case highlights one of the most overlooked risks facing international students today: the way you describe your own work can create an immigration problem.
Universities encourage students to build portfolios, prototype ideas, and present them like real ventures — and students naturally reach for impressive titles like “Founder” or “Head of Product.” For domestic students, that framing is harmless. For F-1 students, it can prompt a USCIS finding of unauthorized employment, because officers evaluate what the record appears to show, not what you privately intended. As this case shows, even a student with a spotless, fully authorized work history can be flagged over something that was never a job.
Finally, remember: a Notice of Intent to Deny is not a denial. USCIS issues NOIDs precisely because the law requires the agency to give applicants a chance to be heard before a final decision. That window — however narrow — is a genuine opportunity, but only if the response meets the agency on its own legal terms, with the right evidence, submitted correctly and on time.
F-1 students can generally work on campus within regulatory limits, and off campus only with proper authorization — most commonly Curricular Practical Training (CPT) or Optional Practical Training (OPT), arranged through the school’s Designated School Official (DSO). Work outside those categories, without authorization, can be treated as unauthorized employment. Personal, non-commercial projects with no employer, pay, or clients are generally not “employment” at all — but, as this case shows, how they are described can still invite questions.
Because some employment authorization categories are discretionary. Meeting the basic eligibility criteria is not the end of the analysis — USCIS can still deny the application as a matter of discretion, for example where it believes an applicant may have engaged in unauthorized employment. A strong response has to address both eligibility and discretion.
A finding of unauthorized employment can result in denial of the pending benefit application, termination of F-1 status, and a record that may affect future immigration filings.
Yes. The same rules about authorized versus unauthorized employment apply throughout F-1 status, including during a STEM OPT extension. Compliance issues that arise during OPT can resurface when you apply for the extension or any later immigration benefit, which is why it is worth addressing them early.
At the Law Offices of Sabrina Li, we handle complex immigration matters for F-1 students and international professionals, including OPT and STEM OPT applications, CPT and OPT compliance issues, Notices of Intent to Deny (NOIDs), Requests for Evidence (RFEs), and allegations of unauthorized employment. Because immigration law is federal, we proudly represent clients across the United States.
If you have received a Notice of Intent to Deny on your OPT application, or you are concerned that past employment, freelance work, or a personal project could affect your current or future immigration benefits, don’t wait until it’s too late. Contact the Law Offices of Sabrina Li at (213) 375-8096 or email info@sabrinali.law for an evaluation of your case.
This case study is provided for general informational purposes and reflects the outcome of one specific matter. It is not legal advice, and prior results do not guarantee a similar outcome in any future case.
Phone: (213) 375-8096
Email: info@sabrinali.law
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