F-1 students on a Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training (OPT) extension are allowed a maximum of 150 days of unemployment throughout their entire OPT period. This limit is set by federal regulations governing international student employment.
Understanding Unemployment Limits for F-1 OPT
The regulations specify distinct unemployment limits for different phases of Optional Practical Training. It's vital for F-1 students to understand these limits to maintain their legal status in the United States.
| OPT Type | Maximum Unemployment Days |
|---|---|
| Post-Completion OPT | 90 days |
| STEM OPT Extension | 150 days |
It's crucial to understand that the 150-day limit for STEM OPT is cumulative, meaning it includes any days of unemployment accrued during your initial 12-month post-completion OPT period. For example, if you accrued 30 days of unemployment during your initial post-completion OPT, you would have 120 days remaining for your STEM OPT extension (150 - 30 = 120).
Practical Considerations and Counting Unemployment Days
Maintaining your F-1 status while on OPT, particularly STEM OPT, requires careful tracking of your unemployment days. Exceeding the allowable limit can lead to automatic termination of your student status in SEVIS (Student and Exchange Visitor Information System).
Here are key points to consider:
- What Counts as Unemployment? Any day you are not engaged in qualifying OPT employment is generally counted as an unemployment day. This includes weekends and holidays if you are not working.
- Qualifying Employment: To stop the unemployment clock, your employment must be directly related to your STEM degree and can include:
- Paid Employment: Full-time (20+ hours/week) or part-time (less than 20 hours/week) for one or more employers.
- Multiple Employers: Working for more than one employer concurrently is permissible, provided each position is related to your field of study.
- Work for Hire: Engagement on a contractual basis, often for a defined project or period.
- Self-Employment: Starting a business where you are self-employed and can prove that you have the proper business licenses and are actively engaged in activities directly related to your STEM degree.
- Unpaid Employment: Volunteer work or unpaid internships are acceptable if they are at least 20 hours per week and directly related to your major. The organization must be a legitimate entity (e.g., not just an individual) and provide a letter stating the terms and conditions of the employment.
- Reporting Requirements: You are required to report changes in your employment status to your Designated School Official (DSO) within 10 days of the change. This includes starting new employment, changing employers, or ending employment. Prompt reporting ensures your SEVIS record accurately reflects your status.
- Avoiding Status Termination:
- Start Job Searching Early: Begin looking for qualifying employment well before your OPT begins or if your current employment is ending.
- Understand Different Employment Types: Explore various types of qualifying employment (paid, unpaid, multiple employers) to maximize your options.
- Maintain Records: Keep detailed records of your employment dates, employer information, and any communication with your DSO regarding your OPT.
By diligently tracking your unemployment days and promptly reporting your employment status, you can effectively manage your STEM OPT period and comply with federal regulations.
