Introduction

An employer may revoke a job offer if a candidate requires Optional Practical Training (OPT) for work authorization. However, there are several important considerations to keep in mind.

At-Will Employment

Employment in many jurisdictions is considered at-will unless a contract is in place. This means that an employer can terminate an offer for any reason or no reason at all, as long as it does not violate employment laws.

Discrimination Laws

The decision to revoke an offer based on a candidate's immigration status or the need for OPT must comply with anti-discrimination laws, such as the Immigration and Nationality Act (INA) and Title VII of the Civil Rights Act. Non-compliance can result in legal repercussions for the employer.

Company Policy and Practices

Some companies have specific policies regarding the hiring of international candidates or those requiring work authorization. If the offer was contingent upon obtaining a visa, the employer might have grounds to revoke the offer if the conditions cannot be met.

Timing and Communication

The timing of the revocation and the manner of communication can significantly impact the situation. Revoking an offer shortly after learning about a candidate's need for OPT may raise concerns about the employer's intent and fairness.

Disclosure and Ethics

It is advisable to disclose your OPT status during the first round of interviews. This is both legal and ethical because the employer has the right to employ an individual who can legally fill the position for a considerable amount of time rather than just one or three years.

Some employers may agree to sponsor your H-1B after your OPT if your application is approved. If this is the case, it would be in your best interest and that of the employer to disclose this information in the beginning.

Seek Professional Advice

If you find yourself in this situation, it may be beneficial to consult with an immigration attorney or a legal professional specialize in employment law. They can provide guidance on your rights and options.

Conclusion

An employer can revoke a job offer after learning about a candidate's need for OPT, but it is important to navigate this situation carefully to avoid legal issues and maintain fairness in the hiring process.