Recently, several F-1 students participating in Optional Practical Training (OPT) received warning notices from Immigration & Customs Enforcement (ICE) stating that they have been enrolled in the program for more than 90 days without reporting their job status.
A letter titled ‘Student and Exchange Visitor Program: Notice of Failure to Report Optional Practical Training Employer and Exceeding Permissible Period of Unemployment’ was sent to certain F-1 students participating in Optional Practical Training (OPT) by the Department of Homeland Security’s Student and Exchange Visitor Program in mid-May.
As some students have “been participating in Optional Practical Training (OPT) for more than 90 days but have not reported any employer information,” students are advised in this letter that SEVP will set their SEVIS record to “terminated” if it is not updated within 15 days of the notice date.
The notice was sent on May 15, and therefore SEVIS status of many students could be cancelled starting May 31. Students face the risk of deportation if their SEVIS record is terminated.
OPT provides nonimmigrant students with the opportunity to continue learning through work-based training in a position that is directly related to their major area of study. To ensure that nonimmigrant students are fully and actively engaged in practical training experiences, federal regulations limit permissible periods of unemployment to an aggregate of 90 days for the 12-month OPT period.
Optional practical training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.
DHS says that, as there is no employer information in students’ SEVIS records, they are accumulating unemployment days and may have exceeded the permissible period of unemployment. If students have been employed during their OPT time, they must correct their SEVIS record.
Such students have been warned that if their SEVIS record is not updated within 15 days of the date of the notice, SEVP will set their SEVIS record to “terminated” to reflect the lack of employer information and the potential that they may have violated their status either by failing to timely report OPT employment or by exceeding the permissible period of unemployment while on OPT.
F-1 students on OPT must be employed in a job directly related to their degree program. F-1 students cannot accumulate more than 90 days of unemployment during the 12-month OPT period. If students exceed 90 days of unemployment, it will result in losing F-1 status. Students out of status should either depart the US.
F-1 students, including those in OPT or STEM OPT, should collaborate with their Designated School Official (DSO) to ensure compliance with F-1 program requirements. If they receive notifications of potential violations, they should take corrective action to avoid further ICE enforcement. They should also stay informed about any developments impacting F-1 status and OPT.