OPT & Unemployment
Students with a 12-month Post-Completion OPT authorization cannot be unemployed for more than 90 days. This is aggregate, meaning that if you have 40 days of unemployment, you would only be allowed to be unemployed for a remaining 50 days before you risk violating your immigration status.
How can I avoid exceeding 90 days of unemployment?
On OPT, you must work at least 20 hours/week in a job related to your major or academic program.
USCIS has a broad definition of what counts as employment on OPT. Examples of OPT employment include:
- Standard employment
- Paid or unpaid* internships
- Working for multiple employers
- Short-term multiple employers
- Work for hire (service on a contractual basis)
- Self-employed business owner
- Employment through an agency or consulting firm
- Volunteering*
Notify Immigration of any changes to your employment, address, or phone within 10 days by updating this within the SEVP Portal. Contact ISSP if you have difficulties updating this information.
Keep documentation of all your employment (e.g., job offer letter, volunteer confirmation letter, supervisor letter, etc.) as proof that you have not exceeded the unemployment rule.
*While students on OPT may engage in volunteer work and unpaid internships, they must still be in compliance with the Department of Homeland Security’s and the Department of Labor’s regulations. Please see our page on Volunteering and Unpaid Internships for more information.
What happens if I exceed 90 days of unemployment?
The Department of Homeland Security (DHS) will terminate immigration records for students who have exceeded the allowable unemployment days. If your immigration record is terminated, you must leave the U.S. immediately; there is no grace period.
If you exceed the allowable days of unemployment, you will no longer be in valid F-1 status. Exceeding the allowable days of unemployment can also:
- Affect your ability to remain in the U.S.
- Make you ineligible for future immigration benefits (such as a change of status to H-1B)
- Lead to the denial of a future visa application
The best advice is to engage in activities outlined above and keep good documentation of your employment. If you are on OPT and will soon exceed the allowable days of unemployment, and you have no plans to work, volunteer, or intern in your field, then you should consider:
- Applying to continue your education by a change of education level or transfer to another SEVP-certified school
- Departing the U.S.
- Initiating a change of status
Leaving the U.S. and ending your OPT
If you have decided to leave the U.S. and not continue your OPT, you can request ISSP to complete your immigration record through iStart. This is a permanent action; once you do this, you will not be able to use the remainder of your OPT, your I-20 or your F-1 visa.
- Log into iStart using your W&M ID and Password.
- Click on F-1 Practical Trainingin the menu on the left-hand side.
- Select Optional Practical Training and complete the OPT Employment Update e-form.
- You will receive an email once your record has been completed.
