Job Requirements and Unemployment While on OPT
Job Requirement
You cannot begin working on OPT until you have your EAD card in your hand and the start date has been reached, and you must stop working on the end date listed on the EAD card.
In order to qualify as "employment" while on OPT all of the following conditions must be met:
- The position must be directly related to your field of study.
- The position must be commensurate with your level of study.
- The position must be for at least 20 hours per week.
Permissable Types of Employment
Paid Employment: This is the most common type of employment in which you are hired as an employee and compensated for your work.
Multiple Employers: If you are working multiple jobs, they must collectively add up to at least 20 hours per week. Students such as performing artists (e.g., Music or Theatre majors) may work for multiple short-term employers (gigs). You should keep a log of all gigs worked, including details such as dates, duration, work site/location, etc.
Work for Hire (1099 employment): This is when services are done based on a contractual relationship rather than an employment relationship. You should retain evidence of the contract period and documentation of the name and address of the company.
Self-Employment: You may start your own business and work for that business while on OPT. You should have evidence to prove that you have the proper business licenses and are actively engaged in a business related to your degree program. ISSS recommends you consult with an immigration attorney for guidance on starting a business.
Employment Through an Agency: ISSS highly recommends that you keep documentation of the number of hours you work each week.
Unpaid Employment: You are permitted to engage in volunteer work or unpaid internships as long as the work does not violate any labor laws. ISSS strongly advises that you request an official letter from the organization detailing the type of work to be performed, start dates (and end dates, if applicable), work site location(s), and hours per week. ISSS also advises that you keep your own personal log of how many hours per week you are working.
Please be advised that if labor laws are violated, that could have serious implications for you and your employer. ISSS cannot determine whether an employer is violating labor laws; this is your responsibility.
Employment Must Be Related to Major
According to SEVP Guidance found at https://www.ice.gov/doclib/sevis/pdf/optDirectlyRelatedGuidance.pdf, all F-1 students must provide a description of how their OPT employment is directly related to their major area of study.
You must submit on OPT Relationship to Major request for each employer you have while on Post-Completion OPT to explain how your employment is related to your degree. Please see the Reporting Requirements section below for full details.
If you are uncertain whether a potential job would be considered in your field of study, ISSS recommends that you obtain a signed letter from your employer and/or a faculty member within your previous ISU academic department stating how the job duties directly relate to your field of study.
You may also wish to utilize websites that provide a general crosswalk between jobs and programs of study, such as:
Unemployment Limit
While on OPT, you cannot exceed 90 days of unemployment for the entire 12 months. Staying past the 90-day limit may be considered a violation of status by DHS.
Any day during the date range printed on your EAD card during which you do not have a job that qualifies as "employment" on OPT will count as a day of unemployment. Weekends are included in the calculation.