Published: May 22, 2026
Are you an international student currently on Optional Practical Training (OPT)? In 2024, there were about 1.58 million F-1 and M-1 students and recent graduates in the US. Of these, approximately 418,781 were authorized to work through OPT.
Once F-1 students graduate and transition to OPT, maintaining a valid status depends on securing qualifying employment and complying with immigration rules, such as unemployment day limits. Here’s what you need to know when you exceed the limit on OPT unemployment days.
Rules and Restrictions for Unemployment Days on OPT
F-1 students on post-completion OPT are only allowed a limited number of unemployment days under federal law. Under 8 C.F.R. § 214.2(f)(10), the following rules and restrictions apply:
Standard Post-Completion OPT
During post-completion OPT, your F-1 status depends on maintaining employment. In this case, you are strictly permitted a maximum of 90 days of unemployment. Regardless of when you actually begin working, your unemployment days start accumulating from the start date on your Employment Authorization Document (EAD).
24-Month STEM OPT Extension
If you are approved for the 24-month STEM OPT extension, you will receive an additional unemployment allowance. That means you can have up to 90 days of being unemployed during the initial 12-month post-completion OPT, plus an additional 60 days for the 24-month STEM OPT extension.
The total number of unemployment days across both OPT periods cannot exceed 150. Since it’s an aggregate limit, any unemployment during the initial OPT period counts toward the overall total.
Consequences If You Exceed the OPT Unemployment Limit
Exceeding the OPT unemployment limit carries real and serious immigration consequences. Depending on the specifics of your circumstances, being unemployed for over 90 days during the standard post-completion, or 150 days during STEM OPT, may result in the following:
- The Department of Homeland Security (DHS) or the Student and Exchange Visitor Program (SEVP) may terminate your SEVIS record.
- You may risk losing your legal F-1 status. Losing your status means you are in the US unlawfully, even if your EAD remains valid.
- A pending H-1B petition or status change application may also be affected.
- You may have to depart the US or file for reinstatement.
- Future visa applications may become more difficult to approve.
Actions to Take Before Exceeding the OPT Unemployment Limit
It’s easy to lose track of the number of unemployed days allowed during OPT. The days accumulate steadily over time, which often intensifies during unexpected layoffs or extended job searches.
Taking proactive measures before hitting the OPT unemployment limit is often more effective than trying to resolve the situation afterward. Here’s what you can do before exceeding the OPT unemployment limit.
- Maintain a personal log of every employment gap, starting from your EAD date. It’s the date your work permit becomes valid.
- Inform your Designated School Official (DSO) immediately of any employment gaps or employer changes. Depending on your situation, they can help you understand your options, including whether you qualify for reinstatement, a CAP-GAP extension, or a change of status.
- Suppose you have an approved H-1B petition with a start date of October, and your OPT expires before that. Consider applying for a CAP-GAP extension.
- Assess your options for a change of status before the unemployment limit runs out.
- Seek consultation with an immigration lawyer to take the appropriate steps and protect your status.
Get a Comprehensive Assessment of Your OPT Case
Compliance with the OPT rules is vital for maintaining your lawful status in the US. Any uncertainty can lead to unnecessary delays and costly mistakes. The best way is to get a comprehensive assessment of your specific situation from a Los Angeles immigration lawyer.
With decades of experience, ALG Lawyers can evaluate your case and guide you through the appropriate legal steps and immigration options. Contact our legal team now for an initial consultation.
FAQs on Unemployment Days on OPT: What Happens If You Exceed the Limit
Does OPT employment have to be paid, or can it be unpaid?
The first 12-month period of post-completion OPT doesn’t require paid employment, provided that the position is related to your major field of study and you work at least 20 hours per week. Meanwhile, those in the 24-Month STEM OPT Extension must secure a paid position with a qualifying employer.
Is an employer change allowed while you’re on OPT?
An employer change is allowed while you’re on OPT. However, ensure that the new position is directly related to your major as listed on your Certificate of Eligibility for Nonimmigrant Student Status. Additionally, you must report the change to your DSO and remain within the allowable unemployment day limit.
Can you travel while your OPT application remains pending with USCIS?
Although allowed in some cases, traveling abroad with a pending OPT application can be risky. It can also create reentry complications, particularly if your OPT application is denied while you are outside the US.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)