What to do if my OPT expired few months ago and now my high school wants to hire me but I don’t have a work permit?

OPT is temporary employment authorization for F-1 students to gain experience in jobs directly related to your major area of study. You are eligible for a total of 12 months of OPT available per education level (e.g. Bachelor’s, Master’s, Doctorate).

OPT Quick Facts:

• You do not need a job offer to apply for OPT
• You may not pursue a new course of study while on OPT.
• The application is approved by United States Customs & Immigration Service (USCIS), but OPT must first be recommended by OIA.
• The approval process for USCIS takes between three and four months.
• Pre-Completion OPT (Before program end date)
  • Part time while classes are in session (20 hours or less per week, cannot be averaged)
  • Full time or part time during breaks or vacation quarters
  • Master’s/Doctoral Students ONLY: Full-time or part-time after courses finished, while working on thesis
• Post-Completion OPT (After graduation, or after completion of course requirements for MA/PhD students)
  • Granted on a full time basis only (over 20 hours a week)
  • All previous periods of OPT at the same level are deducted from the 12-month total. Part-time OPT is counted at a half-rate.  Example: Four months part time OPT is subtracted from the total as two months.

Eligibility Requirements

1. Registered full-time for at least one academic year (three quarters) in valid F-1 status
2. Present in the U.S. in valid F-1 status at the time of application.

Important Notes:

• Twelve months or more of full time CPT makes you ineligible for OPT.

• On-campus employment does not count against the 12-month OPT eligibility.

Employment Requirements & Types of Employment

Employment Requirements (Post-Completion OPT)

• Unemployment:  During your initial post-completion OPT period, you can have up to 90 days of unemployment.  The STEM OPT extension allows 120 days of unemployment (for the entire time spent on OPT).   
• Reporting: You must report all employers to OIA within 10 days of a new job.

Showing that OPT is directly related to a degree program

• The Student Exchange and Visitor Program (SEVP) recommends that students maintain evidence - for each job - of the position held, proof of the duration of that position, the job title, contact information for the student's supervisor or manager, and a description of the work.
• If it is not clear from the job description that the work is related to the student's degree, SEVP highly recommends that the student obtain a signed letter from the student's supervisor or manager or the employer's hiring official stating how the student's degree is related to the work performed.

Types of Paid Employment:

• Multiple employers: You may work for more than one employer, but all jobs must be related to your field.
• Short-term multiple employers (performing artists): You’re allowed to have multiple short term jobs or gigs (e.g. music performances).  Keep a list of all gigs, the employer, and duration of each.

• Work for hire: Commonly referred to as 1099 or Independent Contractor Employment; keep evidence of the duration of contract periods and the name and address of the contracting company.
• Self-employed business owner: You can start a business or be self-employed while on OPT.  You should be able to prove that you have the proper business licenses and that it is related to your degree program.
• Employment through an agency or consulting firm is also allowed.

Unpaid Employment:

• You may work as a volunteer or unpaid intern, where this practice does not violate labor laws.

I would make a new application for OPT and/or make an application for residence in this country so as to try and get your work permit. Consult with an immigration attorney.