F-1 Students' Options for OPT Employment and 17-Month STEM Extension
Peterwl22
1. Total Timeframes for Unemployment while on OPT
Under the USCIS provisions, one who is on OPT may have no more than a
total of 90 days of unemployment during the regular one-year post-
completion OPT period. Students who are eligible for an additional 17
months of OPT (for a total of 29 months) may have no more than a total
of 120 days of unemployment during the 29-month OPT period.
2. Contractual Employment or Self-Employment
Students on OPT may engage in work for hire pursuant to a contractual
rather than an employment relationship. If the Department of Homeland
Security (DHS) requests information about a student's employment in
this situation, the student should be able to provide information on
the nature and duration of all contractual agreements and the contact
information of the contracting company. Once again, it is important to
retain documentation.
Most commonly, students want to know if they can start their own
businesses while on OPT. The SEVP explained that it is possible to be
self-employed, as long as the nature of the business relates to the
student's degree program and the student is actively engaged in this
business. If self-employed, the student must work full time. While not
specifically stated, this is likely to be an area in which the
documentation of employment and the nature of the activities could be
reviewed closely. So consider the risks and discuss the possibilities
with your immigration counsel.
3. Volunteering as Employment
Many students are able to obtain experience that is most appropriate
to their line of work by engaging in volunteer work or unpaid
internships. This is possible during the standard 12-month OPT period.
Work as a volunteer or unpaid intern must not violate any labor laws
and should not be for less than 20 hours per week. Students should be
prepared to document the fulfillment of these requirements upon
request.
4. 17-Month STEM Extension Requires Paid Employment
Students in the 17-month extension OPT period must be paid by their
employers. While it is permissible to provide volunteer services or
work as an unpaid intern, the time spent on these activities will not
count towards fulfillment of a student's employment obligations. This
must be apart from and in addition to qualifying, paid employment.