Maintaining F-1 Status during STEM OPT
Employment, Travel and Status during STEM OPT
Submitting a timely-filed application for STEM OPT to the USCIS extends your legal F-1 status in the U.S. However, maintaining lawful status requires continued employment for a qualifying employer, and careful attention to STEM OPT Reporting Requirements.
You should log into the ISSOPortal to process all address and employer updates, to complete all required periodic reporting and to notify ISSO of any changes during STEM OPT.
Continued work authorization while STEM OPT application is pending with USCIS
Applications for STEM OPT extension routinely take up to 90 days (or longer) for USCIS adjudication. However, if you submit a timely filed application for STEM OPT (meaning, that application was received at USCIS before the expiration of your current EAD), then you may remain in the U.S. and continue to work for a period of up to 180 days while your application is pending with USCIS.
While your application is pending, you are authorized to work only for the employer reflected on your I-765 Application for Employment and I-983 Training Plan. If you need to change employers during the time your application is pending, please contact with your ISSO advisor before the employment change to update your SEVIS record.
Work for Qualified Employers
The requirements for work under STEM OPT are more restrictive that those for work under post-completion OPT. For more information on STEM OPT Employer Types see here.
During STEM OPT, you must continue active employment related to your STEM major field and for a qualified employer:
- Work must be directly related to your STEM major field of study: Any employment that I accept during my STEM OPT authorization must be directly related to my STEM major field of study and must be commensurate with my current level of education.
- Work must be only for E-Verify Employers: During my STEM OPT you can work only for employers who are registered with E-Verify. You can have multiple employers, or change employers, but each employer must be registered with E-Verify.
- You and your employer must commit to a Form I-983 Training Plan: You must present Form I-983 Training Plan for STEM OPT Students that has been completed and signed by me and my employer before BU ISSO can recommend you for STEM OPT.
- You must work in an employer/employee relationship: You must be engaged in paid employment with an organization that will monitor your progress and fulfill the Department of Homeland Security’s reporting requirements. Contract work, work for a temp agency, and self-employment for a sole proprietorship, may not meet the required employer/employee relationship.
Changing Jobs? If you change or job, add a new job, if there is any significant change to the training plan outlined on your Form I-983 (including change in duties, supervision, decrease in salary), you must complete and submit an updated I-983 Training Plan to the ISSO, and follow the reporting requirements for a change in job. See SEVP clarification about use of third-party placements for STEM OPT, detailing the employer’s training obligations and the use of staffing or temporary agencies for STEM OPT employment.
Restrictions on Unemployment
If you are approved for STEM OPT, you may not accrue more than an aggregate of 150 days of unemployment during the entire 36-month OPT period (including both your initial 12-months of OPT plus your 24-month STEM OPT extension).
In order for your STEM OPT employment to be considered active, you must be engaged in at least 20 hours of OPT activity per week. Periods with activity of less than 20 hours per week are not sufficient for active employment and will be counted as unemployment time.
We strongly recommend that you keep detailed and accurate records of your OPT/STEM OPT experience/employment in case you are ever required to show proof of your OPT/STEM OPT activities.
STEM OPT Reporting Requirements
A critical part of maintaining lawful F-1 status during STEM OPT is keeping up with the requirements for STEM OPT Reporting.
See our page on STEM OPT Reporting for more detailed instructions on keeping up with your reporting these events:
- Change to your U.S. residential address
- Change to your biographical information (legal name, country of citizenship)
- Changes to your employer name, employer address, employer start date and how the job is related to your STEM major field
- Any material change to the STEM OPT employment reported on your Form I-983
- Ending a job, starting a new job, or completing STEM OPT
- A 6-month validation each six months if you are continuing with the same employer
- A 12-month and final evaluation, at the one-year mark of your STEM OPT employment and at the end of your employment (whether the expiration of your OPT or because you are finishing earlier with your employer)
Traveling outside the U.S.
If your post-completion OPT period has ended, ISSO recommends that you do not depart the U.S. until your STEM OPT extension has been approved and you have received your new Employment Authorization Document (EAD). However, if it is an emergency and you must travel internationally during the time between your post completion OPT has expired and when you get your new EAD for your period of STEM OPT, you may be able to travel abroad and reenter the U.S. with your expired Post-Completion OPT EAD card and the original receipt notice for your STEM OPT application issued by USCIS. Please note, this only applies during the 180 day period of authorized employment while your STEM OPT application is pending.
In order to reenter the U.S. in F-1 status during OPT after completion of studies, you will need:
- Approved Employment Authorization Document (EAD) for STEM OPT
- Current Form I-20 with the STEM OPT recommendation, and a travel signature less than six months old on the date you plan to return
- A valid F-1 visa
- A valid passport
- Also recommended: You should also carry proof of your employment, for example a letter from your employer or recent paystubs
If your F-1 visa has expired and you plan to renew your visa while you are abroad, please our information related to visa renewal.
If you are traveling without an active STEM OPT employer or if you are nearing 150 days of unemployment, we would urge you to consult with your ISSO advisor prior to travel to discuss timing and risks.
We caution you against traveling if you have a pending application for change of status in the U.S. as you as departure from the U.S. may disrupt your pending application.
Extended Absence from the U.S. or Entry to the U.S. in a New Immigration Status
Your F-1 status (along with your authorization for STEM OPT) is automatically terminated if you are physically absent from the U.S. for more than five months (even if you continued remote employment) or if you are admitted to the U.S. in another immigration status (such as entry as a B-2 visitor).
Beginning a new program of study
Authorization for STEM OPT is automatically terminated if you officially transfer your SEVIS record to another school or begin study in a new program of study, or at another educational level.
H-1B "Cap-Gap" Extension of Status and Work Authorization
If you are the beneficiary of a timely filed H-1B petition requesting change of status and an employment start date of October 1st of the following fiscal year, you may qualify for a Cap-Gap extension of your OPT Please review all of the ISSO Cap-Gap information.
Options after STEM OPT
If you work until the end of your STEM OPT eligibility and maintain lawful F-1 status, you are permitted to remain in the United States for up to sixty days after the expiration of your EAD in order to prepare for departure from the U.S. Please review the ISSO information on grace periods for more information.
If you end your STEM OPT (either at the expiration of your EAD or before the expiration), you may have the option of extending your F-1 status through further study. Please review the ISSO information on SEVIS transfer if you wish to begin study at a new school, or the information on beginning a new program of study at Boston University.
If you intend to remain in the U.S. following completion of STEM OPT and your primary purpose will not be full-time study, you may qualify to apply for a change of immigration status.
If you have questions regarding the timing or procedure for any of these options, please consult your ISSO advisor.