In a renewed wave of enforcement, U.S. Immigration and Customs Enforcement (ICE) has started sending formal alerts to certain F-1 students participating in Optional Practical Training (OPT), flagging that their records reflect over 90 days without any reported employment. These students have been advised to update their employment status in the Student and Exchange Visitor Information System (SEVIS) within 15 days.
Failure to take timely corrective action may lead to the termination of the student's SEVIS record, effectively marking them as out of status, and may ultimately trigger removal proceedings. The notices are intended as a warning that students who do not comply with OPT reporting obligations are at risk of serious immigration consequences.
Understanding OPT and Its Unemployment Limits
Optional Practical Training (commonly referred to as "OPT") is a work authorization benefit that allows eligible F-1 international students to gain hands-on experience in their field of study. Students may apply for pre-completion OPT (while still in school) or post-completion OPT (after graduation), typically for up to 12 months.
Those with degrees in qualifying STEM fields may apply for an additional 24-month STEM OPT extension, giving them a total of 36 months of work authorization in the U.S.
To maintain valid F-1 status while on OPT, students must remain actively employed in a position related to their field of study. The amount of time a student may remain in the United States while on OPT without being properly employed is capped at:
- 90 days during the standard 12-month post-completion OPT, and
- 150 days for those on the STEM OPT extension, which includes any days of unemployment accrued during the initial OPT period.
These unemployment limits are cumulative and enforced strictly through SEVIS monitoring.
What Should F-1 Students Do?
If you are an F-1 student on OPT or STEM OPT and receive a warning or are unsure about your compliance status, act quickly:
- Contact your Designated School Official (DSO) immediately to review and, if necessary, update your SEVIS record.
- Ensure all employment is properly documented and reported through your school's international office.
- Do not ignore warning notices, as failure to respond may lead to SEVIS termination and potentially the initiation of removal proceedings.
It is also advisable to consult with a qualified immigration attorney to explore available options and understand how enforcement actions may affect your status or future immigration plans.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
