What is the 90-Day OPT Unemployment Rule?

The 90-day OPT Optional Practical Training (OPT) unemployment rule is a critical guideline for international students on F-1 visas who participate in OPT (Optional Practical Training) in the United States. This regulation ensures that students remain engaged in their field of study through employment or related activities and helps maintain their visa status and future immigration benefits.

Key Points of the 90-Day OPT Unemployment Rule

Unemployment Duration

Under the 90-day OPT unemployment rule, students on a 12-month OPT period are allowed a maximum of 90 days of unemployment. During this period, they must either secure employment or engage in practical training related to their field of study. If a student does not find a job or does not engage in such activities, it is important to track these days carefully.

STEM OPT Extension and Additional Unemployment Allowance

For students who qualify for the 24-month STEM (Science, Technology, Engineering, and Mathematics) OPT extension, they are granted an additional 60 days of unemployment. This brings the total allowable unemployment days in the entire OPT period to 150 days. This extension is beneficial for students in STEM fields as it provides more time to find stable employment or internships.

Reporting Requirements

To comply with the regulation, students must report their employment status to their Designated School Official (DSO) and update their SEVIS (Student and Exchange Visitor Information System) records. This includes changes in employment, job title, or employer information. Regular and accurate record-keeping is essential to avoid any status issues.

Consequences of Exceeding Unemployment Allowed Days

If a student exceeds the allowed unemployment days (90 days for regular OPT and 150 days for STEM OPT), they risk being considered out of status. This can lead to jeopardized visa status and potential loss of future immigration benefits. It is important for students to stay informed and compliant with these regulations to avoid any adverse consequences.

Employment Definition

Employment must be directly related to the student’s field of study and can include various forms of employment such as full-time or part-time jobs, internships, or volunteer work. The important thing is to ensure that the employment or activity is meaningful and relevant to the student’s education and professional growth.

Purpose and Importance of the Unemployment Rule

The unemployment rule serves as a safeguard for students to maintain their legal standing in the United States. By requiring students to actively seek relevant employment, it ensures that they are contributing to the labor market and enhancing their industry knowledge. This rule also helps international students understand and navigate the job market, preparing them for long-term career success in the United States.

Conclusion

It is crucial for students on OPT to actively seek relevant employment and maintain accurate records of their employment status. By complying with the regulations and avoiding unemployment days, students can ensure a smooth transition and maximize their potential in their chosen field. If you have any specific situations or further questions, feel free to ask!