Effective
April 8, 2008,
Department of Homeland Security (DHS) has announced a new set of
rules that will affect you
during your Optional Practical Training (OPT) period.
This rule makes
some serious changes to post-completion OPT that are effective
immediately. Why is it important that you read this information and
make the report to the ISP office? Here are some reasons:
1) You may lose your F1 status if
you will be unemployed
for more than 90 days during
your OPT.
2) You may lose your F1
status if you do not report any new employment or if it is not
according to your major.
Please read this
entire page very carefully and make a necessary report to the
ISP office during your OPT period as you are held responsible
for maintaining your F-1 status by
making the required report to SEVIS through our program
during your OPT period.
What
are the limits on periods of unemployment?
Students on
post-completion OPT may have up to 90 days of unemployment.
What
counts as time unemployed?
Each day during
the period
when OPT authorization begins and ends that the student does not
have qualifying employment counts as a day of
unemployment. The only exception is that periods up to 10
days between the end of one job and the beginning of the next job
will not be included in the calculation
for time spent unemployed.
How
does travel outside the United States impact the period of
unemployment?
If the student
whose approved period of OPT has started travels outside of the
United States while unemployed, the time spent outside the United
States will count as unemployment against
the 90-day limit.
If a student
travels while employed either during a period of leave authorized by
an employer or as part of their employment, the time spent outside
the United States will not count as unemployment.
What
types of employment are allowed for regular OPT?
All OPT employment
must be in a job that is related to the student's degree program.
This employment
may include:
-
Paid
employment.
Students may work part time (at least 20 hours per week when on
post-completion OPT) or full time.
-
Multiple
employers.
Students may work for more than
one employer, but all employment must be related to the
student's degree program.
-
Short-term
multiple employers (performing artists).
Students, such as musicians and other performing artists may
work for multiple short term employers (gigs). The student
should maintain a list of all gigs, the dates and duration.
If requested by DHS, students must be prepared to provide
evidence showing a list of all gigs.
-
Work for
hire.
This is also commonly referred to as 1099 employment where
an individual performs a service based on a contractual
relationship rather than an employment relationship. If
requested by DHS, student must be prepared to provide
evidence showing the duration of the contract periods and
the name and address of the contracting company.
-
Self-employed business owner.
Students on OPT may start a business and be self-employed.
In this situation, the student must work full time. The
student must be able to prove that he or she has the proper
business licenses and is actively engaged in a business
related to the student's degree program.
-
Employment
through an agency.
Students on post-completion OPT must be able to provide
evidence showing they worked an average of at least 20 hours
per week while employed by the agency.
-
Unpaid
employment.
Students may work as volunteers or unpaid interns, where this
does not violate any labor laws. The work must be at least 20
hours per week for students on post-completion OPT. These
students must be able to provide
evidence from the employer that the student worked at least 20
hours per week during the period of employment.
What
should students report to ensure that
their status does not expire
due to excessive unemployment time?
Students are
encouraged to report changes in employment to their Designated
School Official (DSO) as soon as possible. SEVIS recommends that
students report changes within 10 business days of the change to
avoid situations where a DHS official may determine the student is
out of status.
The following
table suggests the best way to report employment or a change in
employment.
How
should students report employment/unemployment information to the
DSO?
SEVIS recommends
using e-mail as it provides both evidence of reporting and the date
reported. Students should keep a record of all reports made to the
DSO and the method by which the report is made.
What
is the effect on a student's status if the student exceeds the
period of unemployment?
A student who has
exceeded the period of unemployment while on post-completion
OPT has violated his or her status unless
he or she has taken one of the following
actions:
-
Applied to
continue his or her education by a change of level or
transferring to another SEVIS-certified school
-
Departed the
United States
-
Taken action
to otherwise maintain legal status
How
will DHS enforce this provision?
Students
may be denied future immigration benefits that rely on the student's
valid F-1 status if DHS determines that the student exceeded the
limitations on unemployment.
Additionally, DHS
may examine SEVIS data for an individual, a selected group, or all
students on post-completion OPT and terminate a student's record if
it fails to show the student maintained
the proper period of employment. In such cases, the student will be
given an opportunity to show that he or she complied with all OPT
requirements, including maintaining employment.
