Optional Practical Training (OPT) – Status, Employment Obligations and Other Constraints

Status:

While you are on OPT, you are still in F-1 student status under the jurisdiction of Pomona College. You will still have a record in SEVIS and your compliance with the following obligations will be tracked in SEVIS. As such, the following still applies:

1. You must report all address, phone number and employer additions or changes within 10 days of the change by use of the SEVP Portal or email iss@pomona.edu. This data will be entered in SEVIS.
2. You must have a current travel signature (within the last 6 months) on your I-20 before leaving the US if you intend to return to the U.S. See Optional Practical Training (OPT) – Traveling Abroad.
3. You must have a valid F-1 visa to enter the U.S.  This is why your EAD card states "Not eligible for re-entry" because the EAD card itself is not enough to verify your F-1 status.
4. You must keep your passport valid.

Employment Obligations:

While on OPT, you must be employed to be considered to be in status. You must report all employment changes within 10 days by use of the portal or by email iss@pomona.edu. Data to be reported: Job title, Employer name address and EIN – (Employer Identification Number if known), Your work site address if different from employer’s address, Supervisor’s name, phone #, and email address, exact start date and end date if applicable.

You are permitted to have more than one job and are able to add additional jobs through the Portal.

Unemployment for more than 90 aggregate days is a violation of status. SEVIS calculates unemployment based upon the employment reports made via the Portal.

Please note that leaving the US does not stop the unemployment counter. If you decide to discontinue your employment (or never actually start a job), you must notify the ISA that you are leaving for good and forfeiting the rest of your OPT authorization period. Your SEVIS record must be "COMPLETED" to stop the unemployment counter. Otherwise you will accumulate excessive unemployment which could impact future travel and/or study in the U.S.

The ISA is not required to terminate a record for excessive unemployment. At the present time (August 2021) DHS has not yet activated the auto terminate function for excessive unemployment.

Types of Employment that Qualify as Legal Employment:

All OPT employment must be in a job that is related to your field of study.

1. Paid Employment (meaning on the employer’s regular payroll): Either full-time employment or part-time employment of at least 20 hours per week is acceptable to satisfy your employment obligation.
2. Multiple employers: You work for and report work for multiple employers, but all employment must be related to field of study. Multiple short-term gigs such as a musician might have come under this type of employment.
3. Work for hire or contract employment: This is commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than in an employer/employee relationship. Student should keep detailed records of such employment. Also this type of employment has very different tax obligations depending on whether you are a resident or non-resident for taxes.
4. Self-employed/business owner: A student on OPT can start their own business and work in it full-time, but only during the 12 months of OPT. Self employment also includes creating works of art or designing web applications with the expectation of later sales. There is a self-employed option on the SEVP Portal.
5. Employment through a staffing agency: Student must keep records to prove that employment assignments are in your field of study and are for at least 20 hours per week. Please note that this type of employment is ONLY permitted during your first 12 months of OPT. It is NOT ACCEPTABLE for STEM Extension.
6. Unpaid employment: Students may work as a volunteer or unpaid intern where this does not violate labor laws. The work must be at least 20 hours per week. You must maintain your own records with appropriate confirmation from the employer to document that the employment is in your field of study and is for at least 20 hours per week. This type of work is also not eligible for STEM Extension.

Attending School While on OPT:

Because your purpose during OPT is to be employed, enrolling in classes is restricted. If you do choose to enroll in additional studies while still maintaining your employment, or if your employer requires that you study concurrently while working, such classes need to be in the same field as your original program of study. You cannot enroll full-time during OPT.

If decide to begin a new full-time program of study, you must send a request to iss@pomona.edu to have your SEVIS record released to another school at which time your OPT will be finished. You must stop work and will have forfeit any remaining OPT time. The unused remaining OPT time is not recoverable.