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OPT is temporary employment that is directly related to an F-1 student’s major area of study.


USCIS*

Navigating OPT: A Legal Guide

Completing your degree in the United States is a significant achievement. Optional Practical Training (OPT) provides the critical pathway to translate your academic knowledge into professional experience—legally—under F-1 visa regulations. Whether you're pursuing standard OPT or a STEM extension, the governing laws are precise, and compliance is essential. This comprehensive guide offers a practical, citation-backed framework to help you maintain legal status while building your career in America.


The Legal Foundation of OPT: Understanding Your Rights


Statutory and Regulatory Basis: Optional Practical Training is authorized under 8 C.F.R. § 214.2(f)(10), with the STEM extension detailed in § 214.2(f)(10)(ii)(C). Work authorization is granted via an Employment Authorization Document (EAD) under 8 C.F.R. § 274a.12(c)(3), which includes categories (c)(3)(A) for pre-completion, (c)(3)(B) for post-completion, and (c)(3)(C) for STEM OPT.


Full-Time vs. Part-Time Employment Requirements: Post-completion OPT requires full-time employment (20 or more hours per week). Pre-completion OPT, when school is in session, is limited to part-time work (20 or fewer hours per week). Understanding this distinction is crucial for maintaining compliance.


Unemployment Limits and Grace Periods: Students on post-completion OPT are permitted a total of 90 days of unemployment. Those with a STEM extension receive an additional 60 days, for a total of 150 days. The unemployment clock begins on your EAD start date, and time spent abroad counts as unemployment unless it is for employer-approved leave or work-related travel. Upon completing your program, F-1 regulations provide a 60-day grace period as established in 8 C.F.R. § 214.2(f)(5)(iv).

Pre-Completion vs Post Completion

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