The COVID-19 crisis is having an impact on employment options for students who hold F-1 status and are on OPT. ISSS wants to remind our international students using the OPT benefit of the different types of activities that are acceptable to report as employment in your SEVP portal.
Days of Unemployment
While on OPT, there is a limit to the number of days of unemployment a student may accrue and still maintain F-1 status.
- A student on OPT is only allowed to accrue a cumulative total of 90 days of unemployment for the duration of their 12 months of post-completion OPT.
- Students who have transitioned to the OPT STEM extension period may accrue up to 150 cumulate days of unemployment for the entire OPT period (12 months of post-completion and 24 months of the OPT STEM extension combined).
These limits have not been adjusted by the Student and Exchange Visitor Program (SEVP). The 90-day and 150-day limits to unemployment days still apply.
However, one exception has been made to the OPT employment requirements. Generally, F-1 students must work at least 20 hours a week in order to avoid accruing days of unemployment. Please note, for the duration of the COVID-19 crisis, SEVP considers students participating in OPT activities less than 20 hours per week as maintaining status.
Types of OPT Employment
- Regular paid employment in a position directly related to the student's major program of study.
- For post-completion OPT, the work must be for at least 20 hours per week. However, for the duration of the COVID-19 crisis. SEVP considers students participating in OPT activities less than 20 hours per week as maintaining status.
- Students may work for multiple employers, as long as the employment is directly related to the student's major field of study
- Payment by multiple short-term employers. SEVP guidance states "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."
- Work for hire. SEVP explains, "This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment individual relationship. If requested by DHS, students should 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. SEVP indicates, "Students on OPT may start a business and be self-employed. The student should be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program."
- Employment through an agency. SEVP guidance states, "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."
- Please note, for the duration of the COVID-19 crisis, SEVP considers students participating in OPT activities less than 20 hours per week as maintaining status.
- Volunteers or unpaid interns: Standard OPT. SEVP OPT Policy Guidance states that, "Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws. The work should be at least 20 hours per week** for students on post-completion OPT. A student should be able to provide evidence, acquired from the student's employer, to verify that he or she worked at least 20 hours per week during the period of employment."
- Please note, for the duration of the COVID-19 crisis, SEVP considers students participating in OPT activities less than 20 hours per week as maintaining status.
- Students should exercise caution when undertaking volunteer activity as a form of OPT employment. Should this volunteer activity be seen as a violation of U.S. labor law, then the activity will not stop the accrual of days of unemployment and the activity could result in loss of status.