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STEM Unemployment Limit

During an approved STEM Extension period, the limits on unemployment during OPT remain in effect. However, additional restrictions are also in place for the type of work that is permitted and will qualify for SEVIS employment reporting purposes. Students authorized for the 24-month STEM Extension are limited to a cumulative total of 150 days without employment. This limit covers the entire 3 years of OPT authorization, including the initial 12-month period plus the 24-month extension, and any days reported as unemployed during your first year of OPT are not replenished when STEM is approved. Therefore, whatever remains of the initial 90-day allotment is increased only by an additional 60 days throughout the 24 months of STEM Extension OPT.

Throughout your OPT authorization period(s), please use the appropriate OPT reporting form(s) to satisfy these requirements.  If you are unemployed for an aggregate of more than 150 days during your total 36 months of authorized OPT, any remaining work permission will be considered void and your F-1 SEVIS record could be terminated early. In this case, you will need to take immediate steps to settle your affairs and leave the U.S. or otherwise change your status. We recommend that you contact the ISO as early as possible to discuss your situation with an advisor.

 

Conditions for "Employment" during a STEM Extension

The primary conditions for STEM employment are similar to F-1 OPT, though a bit more specific. The work must: 1) be directly related to your STEM degree, providing practical hands-on training or experience in your field, and 2) engage the student/trainee for no less than 20 hours per week. However, unlike the 12-month OPT period, there are additional consideration for unpaid activities and other interpretations of qualified employment during the STEM Extension. The following restrictions apply to non-traditional employment relationships:

  • Volunteer Activities: The government indicates that unpaid positions do NOT meet the conditions of 24-month STEM Extension employment. The regulations and the I-983 Training Plan require that STEM employers ensure commensurate compensation for F-1 students compared to similarly situated US workers. Therefore, volunteer opportunities or other unpaid arrangements cannot qualify on the Form I-983.
  • Entrepreneurial or Self-Employed Activities: Given the employer's training requirements, STEM Extension students must use caution when pursuing entrepreneurial activities or work with a start-up employer. There must be a bone fide employer-employee relationship. Students cannot serve as their own supervisor under the STEM rule, so self-employment or other sole proprietor relationships will not be permitted. For small or start-up operations, employment may qualify under the STEM rule as long as ALL conditions are met, including adequate supervision, training resources, and commensurate compensation (including alternative compensation, such as ownership interests or stock options) with US workers.
  • Employment Agencies or Consulting Firms: Under the STEM rule, the employer listed on the I-983 Training Plan must be the same entity that employs the student and provides the practical training experience, including direct supervision and annual evaluations. Therefore, it is not possible for employers to use an employment agency or consulting firm where the student trainee is placed at another organization during the STEM period.
  • Multiple Employers: The regulations do not prohibit students pursuing qualified STEM training opportunities with multiple employers. However, every employer must fully comply with all conditions of the STEM rule, including that the student is employed no less than 20 hours per week for the duration of the training. Such arrangements with more than one employer at a time is rare.

Please visit the STEM Rules & Requirements page for more details on specific student and employer responsibilities.

For additional guidance, return to F-1 OPT: STEM Extensions.