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What Happens After 90 Days of Unemployment on OPT?
Navigating unemployment on OPT can be an overwhelming experience. Understanding the regulations and the timeline of events can help you plan accordingly. In this extensive guide, we’ll explore the consequences of unemployment after 90 days on Optional Practical Training (OPT) and provide practical advice to navigate this situation.
OPT is a temporary work permit granted to international students who have completed their studies in the United States. It allows them to gain practical experience related to their field of study for up to 12 months. However, there are strict regulations in place regarding unemployment during this period.
Unlawful Presence After 90 Days of Unemployment
As per US immigration law, international students on OPT are allowed a grace period of 90 days of unemployment. During this time, they can actively seek employment without jeopardizing their OPT status. However, exceeding 90 days of unemployment can result in “unlawful presence,” which has serious consequences.
Unlawful presence refers to the period when a non-citizen stays in the United States beyond their authorized period of stay. It can have significant implications, including:
- Difficulty in obtaining future visas and green cards
- Inadmissibility to the United States for up to 3 or 10 years, depending on the duration of unlawful presence
- Potential deportation proceedings
Tips to Avoid Unlawful Presence
To prevent unlawful presence, it’s crucial to proactively manage your unemployment period. Here are some tips:
- Keep a record of your job search efforts: Document your job applications, interviews, and any networking activities to demonstrate that you are actively seeking employment.
- Consider part-time employment or internships: Any form of employment, even part-time, can help maintain your OPT status.
- Explore options within your field: Network with professionals, attend industry events, and consider volunteer opportunities to expand your job search.
Expert Advice
In addition to the tips above, it’s always advisable to seek professional advice. An immigration lawyer can provide personalized guidance based on your specific situation and help you navigate the complexities of OPT regulations.
They can assist with:
- Interpreting immigration policies and regulations
- Advising on your rights and options
- Representing you in case of any legal proceedings
FAQ on Unemployment on OPT
Q: What happens if I lose my job after 90 days on OPT?
A: You will enter a period of unlawful presence, which can lead to serious consequences.
Q: Can I extend my OPT period if I cannot find a job?
A: No, OPT cannot be extended beyond the authorized period of 12 months.
Q: What if I find a job after 90 days of unemployment?
A: You should immediately notify USCIS and apply for reinstatement of your OPT status to avoid unlawful presence.
Q: Can I work in a different field on OPT?
A: Yes, but the job must be directly related to your field of study.
Q: What are my options if I am facing deportation due to unlawful presence?
A: You should consult with an immigration lawyer to discuss your legal options.
Conclusion
Understanding the consequences of unemployment on OPT and taking proactive measures to avoid unlawful presence is essential for international students. By following the tips and advice outlined in this guide, you can navigate this period successfully and safeguard your immigration status.
Have you ever experienced unemployment during OPT? How did you manage the situation?
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