Measures to Handle Unemployment During OPT Period

OPT is a period that every international student wishing to stay and develop their career in the United States will inevitably go through after graduation. It is often the first challenge that new graduates will face. One of the risks during this period is being laid off, which can affect the legality of one’s status in the US. This article discusses how to appropriately handle your legal status after becoming unemployed during the OPT period.

How does unemployment during OPT affect your legal status?

OPT, or Optional Practical Training, is a training period for F1 visa students after graduation. F1 visa students have one year OPT, during which they are permitted to work for any company as long as the job is related to their field of study.

However, if you are laid off while holding OPT status, there is a 90-day legal “grace period” after the termination of employment. During this period, you can seek a new job or employer to maintain your status, find other ways to change your status, or leave the United States. During the grace period, the OPT holder’s status is still considered valid, and they can legally remain in the United States.

What to do after being laid off?

According to immigration regulations, any changes in employment or status during the OPT period must be reported to the international student office at your school immediately. Therefore, after losing your job, you should promptly contact your school to report the change in employment status and confirm the duration of your valid status.

Next, the most urgent task is to find a new employer to continue maintaining your legal status. If you cannot find a new job within the 90-day grace period, you will be considered “unemployed.” After 90 days of unemployment, you will be considered “out of status” and must leave the United States immediately, or it will affect your future visa applications.

Options for staying in the U.S. after OPT status expire

If you cannot find a new job within the 90-day grace period or if your OPT status is about to expire, you will need to seek other solutions to your current predicament.

Option 1: Day 1 CPT School

Among the various options, a relatively stable solution is to apply to a compliant school that supports Day 1 CPT. If you are laid off during the OPT period, there are generally no H1B or EB2 options. Therefore, the common solution is to quickly apply to a school with a Day 1 CPT program while your status is still valid, seamlessly transitioning back to an F1 student visa and using CPT to continue seeking job opportunities. For more information on Day 1 CPT, feel free to consult CISI.

Option 2: Marriage-based Green Card

If you happen to have a partner with a U.S. green card or citizenship, you might consider getting married, which can solve your status issues while bringing happiness.

Option 3 (Special Case): H1B lottery selected during OPT but unemployed before activation

If you are fortunate enough to be selected the H1B lottery during your OPT period and the company has submitted the materials, but you get laid off before the effective date of October 1st, it is generally recommended to negotiate with the company to see if they can keep you on the payroll until after the H1B activation. This way, you can find a new job and directly handle the H1B transfer without wasting your precious H1B opportunity. If the company refuses to keep you on the payroll until H1B activation, your employer will cancel the already submitted H1B application after you are laid off, losing the activation opportunity. In that case, you can consider the two options mentioned above.

Conclusion

The above information outlines the measures to handle unemployment during the OPT period. As an international student with OPT status, finding a new job in a short time is challenging. In this situation, consider the Day 1 CPT option to transition your status, giving yourself more time to explore career development and future plans in the United States.