Navigating OPT and STEM OPT Outside the U.S.: Remote Work and Travel Guidelines

When on Optional Practical Training (OPT) or STEM Optional Practical Training (STEM OPT), there are specific rules regarding how long you can remain outside the U.S. without jeopardizing your status. Understanding these rules and maintaining compliance can be crucial. This article aims to provide clear guidance on working remotely outside the U.S. and traveling while on OPT or STEM OPT.

OPT

The rules for OPT are straightforward but critical to follow. Specifically, you can be outside the U.S. for up to 90 days during your entire 12-month OPT period. Exceeding this limit can result in losing your OPT status.

Travel Considerations for OPT

Earn a living or actively seek employment. Traveling extensively without an established job may raise concerns during re-entry.

Keep detailed records of employment and travel dates to stay compliant.

Consult with your Designated School Official (DSO) for guidance tailored to your situation, especially if your travel plans are extensive.

Be prepared to explain your situation to Customs and Border Protection (CBP) officers upon re-entry.

STEM OPT

STEM OPT offers an extended period for professional development and can be especially beneficial for students in science, technology, engineering, and mathematics (STEM) fields. Here, you can be outside the U.S. for a maximum of 150 days during your 24-month STEM extension. Like OPT, exceeding this limit can risk losing your STEM OPT status.

Employment Requirement for STEM OPT

Similarly, it is imperative to ensure that you are still working or actively seeking employment while outside the U.S. Remote work is generally permissible as long as you maintain employment and stay within the allowed days outside the U.S.

Remote Work Considerations

Remote work can be a viable option as long as you do not exceed the allowed days outside the U.S. However, frequent travel, such as coming in once a month, can be generally acceptable as long as you stay within the limits. Frequent travel may raise further questions about your compliance and the nature of your work.

Recommendations for Compliance

Keep comprehensive records of your employment and travel dates. Documentation is key to maintaining your status.

Always check with your DSO for specific guidance tailored to your situation. Each university may have different rules and requirements.

Be prepared to explain your situation to CBP officers upon re-entry. Clear communication can help prevent any issues.

Would You Need OPT Under These Circumstances?

Given the requirement to be physically present in the U.S. to apply for OPT, it is generally not feasible to just work from your home country and enter on a visitor visa. While it may be possible to work from a foreign country, the nature of OPT and STEM OPT is to provide a period for professional development and learning, which may not align well with working solely from abroad.

Work and Training Balance

The distinction between work and professional development is crucial. The U.S. government views OPT and STEM OPT as opportunities for both employment and training. If you are spending most of your time working remotely without active involvement in training or professional development, it may be seen as work rather than a training opportunity.

Ultimately, the determination of how to proceed depends on your specific circumstances. Consulting with your DSO is the best approach to ensure compliance with all current immigration policies and regulations.

It is important to stay updated on any changes to immigration policies or regulations that may impact your situation. This can provide clarity and help you navigate the system effectively.