What is 90-Day Unemployment Period ?
The 90-day unemployment period for OPT (Optional Practical Training) starts on the first day of your OPT authorization or OPT start date. You are allowed to be unemployed for a total of 90 days during your OPT period. If you exceed these 90 days without a job, you may be out of status and could be required to leave the U.S.
How is the 90-Day Unemployment Period Counted?
The 90-day unemployment period under OPT (Optional Practical Training) is counted from the start date indicated on your Employment Authorization Document (EAD). This period includes any days you are not employed in a position related to your field of study. It's important to meticulously track your unemployment days to avoid exceeding the limit. Maintaining accurate records and reporting employment to your designated school official (DSO) promptly can help you stay compliant with USCIS regulations. Properly managing this period ensures you remain in good standing throughout your OPT duration.
What Happens if I Exceed the 90-Day Unemployment Limit?
Exceeding the 90-day unemployment limit can have serious consequences, including jeopardizing your F-1 student status. If you surpass this limit, you may be considered out of status, which can impact future visa applications and your ability to stay in the U.S. It's crucial to secure employment related to your major field of study within this period to avoid these risks. Should you approach the unemployment limit, consider seeking guidance from your DSO or an immigration attorney to explore alternative options that ensure you maintain your legal status.
But what if your EAD card got delayed, what would be your start date ?
These days, there are often delays at the USICS end, so you should plan for a delay in acquiring your EAD card. But don't worry, your 90-day unemployment term starts on the day it is printed on your card. Your start date is printed on your EAD card, which is printed on the day your EAD is printed. In addition, remember that the day you designate as your start date on your OPT application is when the STEM opt date starts.
Let me explain using an example. Suppose that you initially stated in your OPT application that your start date is July 1st. However, due to unexpected events, your approval and card were delayed. As a result, your card was printed by USICS on July 10th and delivered to you on July 15th. Consequently, your start date would be printed on July 10th on the card, and your 90-day unemployment period would begin on July 10th. However, your initial OPT end date would be July 1st of the following year.
Can Volunteer Work or Unpaid Internships Count Towards Employment?
Yes, volunteer work and unpaid internships can count towards employment during your OPT period, provided they are directly related to your major field of study. This type of work helps you stay within the 90-day unemployment limit while gaining valuable experience. It's essential to document these positions accurately, including job descriptions and hours worked, and report them to your designated school official (DSO). By engaging in relevant volunteer work or internships, you not only comply with USCIS regulations but also enhance your professional development and employability.
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