Overview
As an F-1 student on post-completion OPT, you are allowed a maximum of 90 days of unemployment during your 12-month OPT period. If you have received a 24-month STEM OPT extension, the total allowable unemployment period increases to 150 days over the entire duration of OPT.
Keeping track of these unemployment days is essential to avoid violating your F-1 status.
Strategies to Avoid Unemployment on OPT
If you are nearing your unemployment limit, consider these options to remain in compliance with U.S. immigration laws:
1. Look for Job Opportunities with Small Businesses & Startups
Many small businesses and startups are eager to hire international students with specialized skills. These opportunities can help you gain valuable experience while ensuring you stay within your allowed OPT employment period.
2. Consider Starting Your Own Business
Starting your own business could be a viable alternative if you cannot find employment. However, it must be related to your field of study and meet OPT compliance requirements.
Steps to Start a Business on OPT:
- Register Your Business: Choose a legal structure (LLC, corporation, etc.) and register it based on state regulations.
- Obtain an Employer Identification Number (EIN): Required for tax purposes from the IRS.
- Develop a Business Plan: Ensure the business is aligned with your degree program.
- Meet Compliance Standards: Adhere to state and federal regulations, including tax laws.
For STEM OPT students, additional E-Verify enrollment is mandatory. The business must also have a proper training plan that aligns with your degree.
3. Work as a Freelancer or Contractor
As long as the work is directly related to your field of study, freelancing or working as an independent contractor is permitted under OPT. You must be able to document the work performed and how it aligns with your educational background.
4. Engage in Unpaid Internships or Volunteer Work
Unpaid internships or volunteering in your field of study count as employment under OPT rules. Ensure these positions are officially documented and reported to your Designated School Official (DSO).
5. Enroll in a New Degree Program
If you cannot secure employment, enrolling in a new degree program at a higher level (such as a master’s or Ph.D.) can reset your F-1 status, allowing you to remain in the U.S. legally.
What Happens If You Exceed the Unemployment Limit?
If you surpass your 90-day unemployment limit on OPT (or 150 days for STEM OPT), your F-1 status is considered out of compliance. You may need to take one of the following steps:
- Leave the U.S. before accumulating unlawful presence.
- Change your visa status (if eligible).
- Transfer to a new academic program to regain legal status.
Failing to take action can result in severe immigration consequences.
People Also Ask (PAA)
1. What is the maximum unemployment period allowed during OPT?
F-1 students on post-completion OPT can be unemployed for up to 90 days. STEM OPT students have a total of 150 days of unemployment.
2. Does volunteering count as employment during OPT?
Yes, unpaid internships or volunteering in a field related to your degree count as employment and prevent unemployment days from accumulating.
3. Can I start my own business while on OPT?
Yes, F-1 students on OPT can start their own business, provided it is related to their field of study and complies with employment regulations.
4. What happens if I exceed my unemployment limit on OPT?
Exceeding the unemployment limit can result in a loss of F-1 status, which requires you to leave the U.S. or take alternative actions, like transferring to another school.
5. How can I avoid exceeding my unemployment days on OPT?
To stay within the allowed limit, you can:
- Accept part-time or unpaid work related to your field.
- Start your own business.
- Enroll in further education.
6. Is there a grace period after OPT ends?
Yes, after your OPT ends, you have a 60-day grace period to leave the U.S., transfer to a new program, or adjust your visa status.
7. Can I work for multiple employers on OPT?
Yes, you can have multiple employers, but all jobs must be related to your degree and reported to SEVIS.
8. Does time spent outside the U.S. count toward unemployment days on OPT?
Those days count as unemployment if you are unemployed while outside the U.S. However, if you are on approved work-related travel, they do not.
9. Can I apply for OPT again after completing a new degree?
Yes, after finishing a new academic program at a higher level, you may be eligible to apply for another period of OPT.
10. What are the reporting requirements during OPT?
To remain compliant with SEVIS regulations, you must report any employment, address, or personal changes to your DSO within 10 days.
By understanding OPT regulations and proactively managing your employment, you can successfully navigate unemployment challenges and continue your career in the U.S. without risking your F-1 status.
