Unemployment 90 Day Rule
Students on post-completion OPT may have up to 90 days of unemployment. The 90 days start counting from your approved OPT/EAD start date (not the recommended start date nor the program end date on your I-20) and are cumulative.
To ensure that you do not exceed the 90 day unemployment limit while on OPT, it is necessary to secure a full-time job, which is defined by USCIS as working at least 20 hours or more per week. Any job that involves working less than 20 hours per week will apply toward your 90-day unemployment limit. Be sure to mark each job as "full-time" if it is at least 20 hours or more per week.
If you accumulate 90 days or more of unemployment, you are in violation of your F-1 status. You are expected to leave the U.S., transfer to another school, or change your visa status on or before the 90th day.
Approved vacation from a job does not count as "unemployment" if you are still considered an employee there.
Employment Requirements while on Initial OPT
Initial OPT and STEM OPT Employment Requirements are different! Check STEM OPT Requirements here.
- A job that is directly related to the student’s major area of study as listed on the I-20. If the relationship between the job and a student's field of study is called into question by USCIS in the future, the burden of proof is on the student to demonstrate the relationship.
- At least 20 hours per week; this is considered full-time employment. If work is less than full-time, it counts toward a student’s 90 days of unemployment.
- If the job has a variable schedule, within a month, it must average out to at least 20 hours per week. Each job should be marked as "full-time" (at least 20 hours per week or more) or "part-time" (less than 20 hours per week).
- May be either paid or unpaid. Unpaid positions can include internships or volunteer opportunities, but they must not violate U.S. labor laws.
- Specifically, the role cannot displace or replace a position normally performed by a paid employee, and it must not take away paid work from someone else. Students should carefully consider this when accepting volunteer opportunities to ensure they remain in compliance with both immigration and labor regulations.
- Students on OPT should keep all records of employment.
Remote Work & Being Outside the U.S.
While on OPT, there are important restrictions you must follow regarding remote work and absences from the United States:
- Remote Work: You may work remotely for a U.S.-based employer while physically inside the United States. However, employment with a non-U.S. employer does not qualify as valid OPT employment and cannot be authorized.
- Time Outside the U.S.: F-1 students are considered in violation of their status if they remain outside of the U.S. for five consecutive months. A continuous absence of this length can result in the termination of your SEVIS record and loss of F-1 status.
- Appropriate OPT Employment: OPT is designed for practical training in the U.S. If your position does not require you to be physically present in the U.S., it may not qualify as appropriate OPT employment.
Your SEVP Portal
The Student and Exchange Visitor Program (SEVP) Portal is a secure online platform used by F-1 students on OPT to fulfill their legal reporting requirements to the SEVP. It allows students to directly update their physical and mailing addresses, telephone numbers, and employer information, streamlining the reporting process.
Creating your SEVP Portal
On or after your OPT EAD start date (your Start Date printed on your EAD card), you will receive an email from do-not-reply.SEVP@ice.dhs.gov to set up your SEVP Portal account. The subject line of the email will be: “Optional Practical Training Approval – the next step. Create an SEVP Portal account.”
Click the link in the email, submit your SEVIS ID, and create a password to set up your user profile.
If you never received an SEVP Portal email, your link expired, you need to change the email address associated with SEVP Portal, or your employment start date is more than 10 days ago and SEVP Portal will not let you update it.
Email your DSO at kveloz@ucmerced.edu for assistance in resetting your SEVP Portal link.
Report All Changes to your SEVP Portal
After you successfully create your SEVP Portal account, submit any of the following updates within 10 days of the change:
- Changes to your name
- Changes to your address in the U.S.
- Changes to your employer or location of employment
- Interruptions to your employment
Important note: If you do not report your employment OR if you accrue more than 90 days of unemployment, your SEVIS record and OPT can be terminated.
Updating Your Form I-20
It's important that your I-20 is always kept up to date, you can request an updated I-20 once your OPT is approved, as well as once you have updated your SEVP portal to reflect your current employment
Email this OPT Employment Reporting Form and a picture of your EAD card to your DSO at kveloz@ucmerced in order to receive your updated OPT I-20. Please allow 3-5 business days for processing.
Traveling on Approved OPT
To reenter the U.S. after international travel, you must carry the following documents:
- Valid Passport – Your passport must be valid for at least six months beyond the date of your reentry to the U.S.
- Valid F-1 Visa – Your F-1 visa must be unexpired at the time of reentry. If your visa has expired, you will need to apply for a new one while abroad. Please note that obtaining a new F-1 visa during OPT can be challenging, as U.S. consulates may question your nonimmigrant intent.
- OPT I-20 with a Travel Signature – You must have your most recent I-20 with an OPT recommendation and a valid travel signature on page 2. For students on post-completion OPT, travel signatures are valid for only six months (instead of 12 months for enrolled F-1 students).
- Original EAD Card – Your Employment Authorization Document (EAD card) is required to prove that you are authorized for employment under OPT.
- Proof of Employment (Recommended) – Carry a job offer letter or employment verification letter from your current or future employer. This provides evidence of the purpose of your reentry and can help at the port of entry.
Students are strongly encouraged to plan travel carefully during OPT and, if visa renewal is necessary, to contact the U.S. consulate in their home country in advance to understand the local process and requirements.