I worked on post-completion OPT for one year after I completed my master’s degree. I then decided to continue my education and went to law school. I have now graduated with a J.D. degree and would like to get some practical experience working in a law office. Am I eligible for a second one-year period of OPT?

Answer

According to the general OPT rule, a student becomes eligible for a new 12-month OPT period based upon completion of a subsequent degree at a higher educational level. But, in some cases, such as yours, it is not entirely clear if the subsequent degree is to be considered a higher educational level. You should be ready to provide a reasonable basis to the USCIS for a conclusion that your J.D. degree is at a higher educational level than your master’s degree. The USCIS will make its decision based on a comparison between the specific requirements of both of your degrees. (21.Mar.2014)

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