Optional Practical Training (OPT) provides F-1 students in the United States an opportunity to gain work experience related to their field of study. However, maintaining valid status during OPT requires careful compliance with unemployment limits and reporting requirements. This guide will help you understand the rules surrounding unemployment during OPT and how to avoid jeopardizing your immigration status.
How Long Can You Be Unemployed on OPT?
The U.S. Citizenship and Immigration Services (USCIS) enforces strict unemployment rules for OPT participants:
- Initial 12-Month OPT: You are allowed a maximum of 90 days of unemployment during your 12-month OPT period.
- STEM OPT Extension: If you have a 24-month STEM OPT extension, you can accumulate an additional 60 days of unemployment, bringing your total allowable unemployment days to 150 days.
If you exceed these limits, you may be considered out of status, which could affect your ability to stay in the U.S. or apply for future visas.
How to Maintain Your Status During OPT
To avoid losing your OPT status due to unemployment, consider the following options:
- Secure Employment Quickly: Start your job search early and explore all employment options, including full-time, part-time, or contract positions related to your field.
- Volunteer or Intern: Unpaid internships or volunteer work in your field can count as employment for OPT purposes, provided you work at least 20 hours per week.
- Work for Multiple Employers: You can work for more than one employer as long as all jobs are related to your major and reported to your Designated School Official (DSO).
- Enroll in Further Education: If employment is not an option, enrolling in another academic program at a higher level can help you maintain legal status.
- Apply for a Change of Status: If you are reaching your unemployment limit, you may consider changing to another visa category (e.g., H-1B, O-1, or another student visa option).
- Keep Your SEVP Portal Updated: You must report any employment changes, including job start and end dates, through the Student and Exchange Visitor Program (SEVP) Portal to remain compliant.
What Happens If You Exceed the Unemployment Limit?
If you exceed the allowable unemployment period:
- You are expected to leave the U.S. immediately or change your visa status.
- Remaining in the U.S. beyond the allowed days without employment could result in termination of your SEVIS record, affecting future visa applications.
- You may face issues when applying for an H-1B visa or permanent residency due to an overstay on your record.
Final Thoughts
Maintaining valid status during OPT requires careful tracking of your employment and reporting requirements. By understanding the unemployment rules and proactively seeking employment or alternative options, you can maximize your OPT experience without jeopardizing your immigration status.At Visa Immigration Pro, we specialize in guiding international students through their immigration journey. Contact us today for expert assistance with your OPT, STEM extension, or future visa options.
