F-1 Students' Options for OPT Employment and 17-Month STEM Extension
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.
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