Outline
Understanding the 90-Day OPT Unemployment Rule
April 16, 2024
What is Optional Practical Training (OPT)?
OPT, or Optional Practical Training, provides work authorization for F-1 Students. An F-1 student with valid post-completion OPT work authorization must not exceed 90 days of unemployment. The OPT unemployment period of 90 days is cumulative, indicating that an F-1 student with valid OPT work authorization, who has already accumulated 30 days of unemployment, may only remain unemployed for an additional 60 days before jeopardizing their immigration status regarding the OPT unemployment limit of 90 days.
It’s essential to plan ahead and exercise caution to avoid breaching the 90-day OPT unemployment regulation.
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How long can students stay unemployed on OPT?
Students holding a valid 24-month STEM OPT extension are granted 150 days of unemployment within their 36-month OPT work authorization period, deviating from the standard OPT regulation of 90 days.
How can students avoid inactive OPT status due to the 90-Day OPT Unemployment Rule?
The US Citizenship and Immigration Services (USCIS) broadly outlines employment criteria. Generally, employment is characterized as paid or unpaid work in the student’s field of study, requiring a minimum commitment of 20 hours per week. Activities recognized as employment by USCIS, which help uphold compliance with the 90-day OPT unemployment rule, include:
- Standard employer-employee relationship with US employer
- Working for multiple employers
- Independent contractor
- Working for employer through third party agency
- Paid or unpaid internship
- Volunteer work
- Self-employment
How to stop counting OPT unemployment days
Inform DHS of any job changes during OPT through SEVIS and SEVP Portals to comply with the 90-day unemployment rule. Consult your school official for guidance. As an immigration lawyer, I’ve seen students unintentionally breach rules, including the 90-day OPT unemployment limit.
What happens if students exceed the OPT 90 days unemployment?
Violating the OPT 90-day unemployment limit leads to rule violation, risking serious immigration consequences. This may entail losing immigration status, being ineligible for transitioning to other employment-based immigration categories such as H-1B status, or facing future visa application rejections due to non-observance of the OPT 90-day regulation.
If you’re close to the 90-day unemployment limit on OPT and are worried about surpassing it, we recommend contacting your Designated School Official or an employment-based immigration attorney to explore your options.