Ultimate Guide to OPT & STEM OPT

Employment Regulations & Types for OPT & STEM OPT Students

For students holding their 1st-year OPT

Below are key guidelines and restrictions regarding employment during your Post-Completion OPT. It is vital to comply with these regulations to maintain your legal status and make the most of your OPT period.

• EAD Requirement for Employment: You can only begin working once you have physically received your Employment Authorization Document (EAD) and the start date on the card has arrived. An email confirmation from USCIS is not sufficient evidence of eligibility to work. You must only work within the validity period specified on the EAD.

• Job Relevance to Academic Study: Your job must be directly related to your field of study.
  Post-graduation campus employment is not permitted unless the job directly relates to your academic field and falls within the EAD validity period. You need to demonstrate a clear connection between your studies and your job.

• Employment Hours: To maintain lawful F-1 OPT status, employment must be a minimum of 20 hours per week, whether paid or unpaid. You should be able to provide evidence, such as documentation from your employer, confirming that you worked at least 20 hours per week during your employment.

• Limitation on Unemployment: During your post-completion OPT, you are not allowed to accrue more than 90 days of unemployment within the dates specified on your EAD. To prevent the unemployment days from counting, you must update your employment status and report to the Office of International Students and Scholars (OISS) through an OPT update. Time spent outside the United States, if not employed by a U.S. employer, also counts towards these 90 days. Unemployment days accumulate throughout the duration of your OPT; finding employment after a period of unemployment does not reset the 90-day limit.

• Unemployment Caution: If no employment is reported for 90 consecutive days, SEVIS records will automatically terminate. It is crucial to make alternate plans and communicate them to OISS before your record is terminated to avoid issues. If you have any concerns, you should contact your OISS adviser for guidance and support.

Employer Type

Here are the permissible types of employment while on Post-Completion OPT (1st-year OPT), all of which must be related to your degree program. Each of these employment types requires strict adherence to the conditions of your OPT to maintain lawful F-1 status.

• Multiple Employers: You are allowed to work for more than one employer. Ensure that each job directly relates to your field of study.

• Multiple Short-term Employers: Suitable for individuals like musicians or performing artists, you can engage in multiple short-term gigs. Maintain a record of all gigs, including the dates and durations.

• Work for Hire (1099 Employment): Often characterized by contractual rather than employment relationships. If you opt for work for hire, keep detailed documentation of contract durations and the names and addresses of contracting companies.

• Self-employed Business Owner: You may start and operate your own business. It's important to ensure that you possess the relevant business licenses and that your business activities are closely related to your degree program.

• Employment Through an Agency or Staffing Firm: You can find employment through an agency or staffing company. You must provide evidence that you worked at least 20 hours per week on average while employed through the agency.

• Unpaid Employment: You may engage in volunteer work or internships, provided that these roles do not violate any labor laws. Ensure to keep proof of your involvement and hours worked, even in unpaid positions.

For students holding their STEM OPT

Here's a breakdown of the eligibility criteria and requirements for the 24-Month STEM OPT Extension. Both you and your employer must fulfill these requirements to be eligible for the 24-month STEM OPT extension, ensuring both compliance with the program's regulations and the opportunity for continued professional development in your STEM field.

Student Requirements:

• Maintain Valid F-1 Status: You must be in good standing with your F-1 visa status.
• Current OPT Participation: You should be actively participating in a standard Post-Completion OPT period.
• STEM Degree Holder: Possess a degree from the official STEM Designated Degree Program List, as indicated on your I-20 form.
• Job Offer from E-Verify Employer: Have a job offer from an employer who is registered with the E-Verify program.
• STEM-Related Employment: Demonstrate that your job is directly related to your STEM field of study.
• Paid Employment: Confirm that the job offered is a paid position.
• Training Plan (Form I-983): Prepare and sign a detailed training plan with your employer.
• Timely Application: Apply for the STEM OPT extension before your current Post-Completion OPT expires.

Employer Requirements:

• E-Verify Registration: The employer must be enrolled in the E-Verify program.
• Federal Employer Identification Number (EIN): The employer must have a valid EIN.
• Training Plan Agreement: The employer must agree to the terms of the STEM OPT by completing their sections of the Training Plan (Form I-983).

Eligibility for a Second Period of STEM OPT After Higher Degree:

• New Academic Program: If you enroll in a new academic program in the U.S. and earn another qualifying STEM degree at a higher educational level, you may be eligible for a second 24-month STEM OPT extension.
  Example: If you initially received a 24-month STEM OPT extension with your Bachelor’s degree in Computer Science and later earn a Master’s degree in Computer Science or another STEM-eligible field, you can apply for Post-Completion OPT and subsequently, a second 24-month STEM OPT extension based on your Master’s degree.

Eligibility Based on a Previously Obtained STEM Degree:

• Accreditation and Certification: Both your current and previous degrees must be from institutions that are currently accredited and SEVP-certified.

• Degree Recency: The previously earned STEM degree must have been conferred within the last 10 years at the time of your current STEM OPT application.

• STEM Designated Degree: The previous degree must have a STEM eligible code as found on the STEM Designated Degree Program List at the time of application.

• No Previous STEM OPT Based on the Same Degree: You have not already received a STEM OPT extension based on this previous degree.

• Related Training Opportunity: The practical training opportunity must be directly related to the previously obtained STEM degree.

• Employer Compliance: Your employer must meet all the criteria necessary for a STEM OPT extension (such as being enrolled in E-Verify).

  Example: If you are on Post-Completion OPT from a Master’s degree in Business and Management, but you previously earned a Bachelor’s degree in Applied Mathematics (a STEM-eligible field), you may apply for a STEM OPT extension based on your Bachelor’s degree, provided all the above conditions are met.
  
  

Common OPT Rejections and Solutions

Protect your EAD card

EAD Card Errors

• Identifying Errors: If your EAD Card contains incorrect information, it's important to address this issue promptly.
• Procedure for Corrections:
  • Wait until you receive a job offer before requesting a correction so you can show the correct card to your employer. Ideally, corrections should be made after your employer has copied your EAD for hiring purposes.
  • To correct a typographic error on your EAD Card, submit a request through the USCIS website.

Lost EAD Card

• Immediate Action Required: Since your EAD Card is essential for legal employment under OPT or STEM OPT, you must take swift action if your card is lost, stolen, or destroyed.
• Replacement Process: File a new Form I-765 with USCIS, accompanied by the required filing fee, to obtain a replacement card.