International students enrolled in an educational institution in the USA and holding an F1 visa are allowed to gain employment after completing their studies. This employment is known as ‘Optional Practical Training’ or ‘OPT ‘. F1 student visa holders can pursue OPT for 12 months. Students participating in one of the designated STEM courses get an additional period of 24 months which is known as ‘STEM OPT Extension’.
Most of the current and prospective students possess sound knowledge about various aspects related to optional practical training, such as pre-completion & post-completion OPT, part-time & full-time OPT jobs, and application procedure.
But OPT grace period and OPT unemployment are the points or aspects that seem confusing or unclear to many students. Therefore, we have provided a detailed explanation regarding both of them in this blog post. Hope you get benefitted from our efforts.
[Note: Grace Period and Unemployment Rules are applicable for Post-Completion OPT and STEM OPT Extension. So, we have discussed these concepts in reference to them only, thereby excluding Pre-Completion OPT.]
Essential Facts about Post-Completion OPT
- Nature of Employment
The employment opportunity that you wish to undertake during optional practical training should be related to your major area of study. You can engage in paid jobs, paid internships, unpaid internships, volunteering work, and self-employment. In simple words, your employment can be paid or unpaid. As long as the tasks or activities you perform are related to your field of study and you do not violate any labor laws, lawful F1 status is maintained.
- Number of Hours & Employers
Students employed on any job during their post-completion OPT can work part-time or full-time depending on their preferences. But they need to work at least 20 hours a week. They are allowed to work for multiple employers.
Essential Facts about STEM OPT Extension
- Nature of Employment
Unlike pre-completion and post-completion OPT, a job performed during the STEM OPT extension should be a paid one. You cannot undertake unpaid internships, volunteering opportunities, and self-employment activities. You cannot even accept temporary positions. The job should commensurate with your field of study. Your employer should be enrolled in the ‘E-Verify’ program.
- Number of Hours & Employers
STEM OPT candidates have to work at least 20 hours a week in accordance with the training plan described in the Form I-983. They can work for multiple employers, but each employer has to submit a separate Form I-983.
OPT Grace Period for F1 Students
- Before and After Studies
International students applying for an F1 visa mention the start date and end date of their study program in their application form and other documents. As per the rules, the validity of the F1 visa issued to them begins 30 days before the start date and ends 60 days after the end date. This grace period is also allowed to individuals who have transferred their status from another non-immigrant visa category to F1.
The grace period of 30 days enables students to make preparations for entering the USA before the beginning of their study program. During the grace period of 60 days allowed after the completion of studies, students can decide their next course of action.
You can choose to apply for another academic course (in the same or higher education level), vocational course, or post-completion optional practical training. F1 students, who wish to get an H1-B visa without going through OPT, can do so by finding an employer who can sponsor them and file a petition on their behalf.
If you have no plans of acquiring further education or employment in the USA and want to return to your home country or any other country, you can make arrangements for your departure during this 60-day grace period. F1 student visa holders requesting early withdrawal from their study program are given the grace period of 15 days instead of 60 days.
- F1 students can apply for employment authorization (EAD card for post-completion OPT) up to 90 days before and 60 days after the completion of their study program.
- You will get an additional grace period of 60 days from the date of denial if your OPT application gets denied during your grace period of 60 days.
- If your grace period expires while your OPT application is under process, you can still stay in the USA until the outcome of your application arrives.
- Once your grace period gets over and your application for OPT gets denied, you will not be eligible for any additional grace period.
- After the completion of OPT
F1 student visa holders, who have completed 12 months of OPT allowed to them, get a grace period of 60 days to determine their next step. During this OPT grace period, you can take admission in another study program, find a sponsor for an H1-B visa, transfer F1 status to another visa, or plan for leaving the USA.
International students eligible for receiving STEM OPT extension of 24 months have to apply for an extension to USCIS up to 90 days before the expiration date of your post-completion OPT EAD card and within 60 days of issuance of Form I-20 by your DSO. You cannot apply for a STEM OPT extension EAD card after your current EAD card (post-completion OPT EAD card) expires.
USCIS (U.S. Citizenship and Immigration Services) must receive your application for STEM OPT extension before the expiration of your initial OPT EAD (Post-Completion OPT EAD). As the USCIS can take up to 90 days for processing your application, you should apply at the earliest, as the day after the expiration of your post-completion OPT EAD card is considered as the first day of your STEM OPT extension.
STEM OPT extension candidates, who do not receive any outcome for their application before their OPT end date, can stay in the USA as an F1 student visa holder for up to 180 days or until any outcome for their application arrives. During this period, they can continue working on their post-completion OPT job.
If your STEM OPT application gets denied, you will get a grace period of 60 days, regardless of whether the decision about the denial arrived before or after the expiration date of your OPT EAD card. During this grace period, you can plan your next course of action. You can either leave the USA or find ways to stay in the country, for example, enrolling in another study program or finding an H1-B visa sponsor.
- When STEM OPT Extension Ends
As the start date of the STEM OPT extension job is taken as a day after the expiration date of the post-completion OPT EAD card, STEM students don’t get the 60-day grace period, which is allowed to non-STEM students once their post-completion OPT ends.
Therefore, F1 student visa holders, who have attained a bachelor’s, a master’s or a doctoral degree in STEM disciplines get a grace period of 60 days after the completion of their STEM OPT extension. You can try options like convincing your current employer to file an H1-B visa petition on your behalf or getting enrolled in another course if you want to continue living in the USA.
ALSO READ:
Overview About the OPT Work in USA
How to Land Your Next Entry Level Job in USA
OPT Unemployment Rules for F1 Students
- OPT Unemployment
F1 student visa holders in the USA are permitted to accrue a maximum of 90 days of unemployment during their post-completion OPT. Now, having a job offer in hand is not necessary for submitting an application for post-completion OPT EAD card. But you need to mention the start date and end date of your OPT employment in your application.
The start date of OPT employment has to be the same as the program end date or within the 60-day grace period allowed to students after completing studies. If you have a job offer in hand, you can specify the accurate start date for your optional practical training. But if you don’t have any job offer in hand, you need to choose the start date prudently depending on your targeted jobs, connections, and other factors.
In case, you have applied for your post-completion OPT EAD card without having any job, you need to update the details regarding your job and employer on SEVIS or SEVP portal within 10 days of getting a job. The days of your unemployment are counted from the OPT start date mentioned on your EAD card.
As mentioned earlier in this blog post, you can submit an application for post-completion OPT EAD card up to 90 days before and 60 days after the end date of your study program. USCIS takes 2-3 months for processing the application. So, it’s in your best interest to apply as soon as possible. It’s advisable not to wait for the 60-day grace period to apply for OPT EAD as delay in approval can lead to the accrual of unemployment days.
- STEM OPT Unemployment
STEM students are allowed to accrue an additional 60 days of unemployment during their STEM OPT extension. So, they can accrue a maximum of 150 days of unemployment during the 36 months of OPT. You need to update your SEVIS record for changes occurring in employers and training plans.
- Rules for Unemployment
For counting the unemployment days of F1 student visa holders, official leaves, holidays, and vacations approved by the employer are not considered. But if you are unemployed, then holidays and weekends are also counted toward the 90-day unemployment period. It’s important to mention here that you won’t get any OPT grace period after 90 days or 150 days (in case of STEM OPT candidates) of unemployment.
