Have you lost your OPT job or are you worried about losing your OPT job due to the COVID-19 crisis?
During the COVID19 crisis, USCIS has not changed any of the rules pertaining to OPT, but new guidance is being released regularly. Below are some FAQs that might help answer some of your questions.
First, it is important to determine if you are being laid off or if you are being placed on a "temporary leave in accordance with your company's leave policies."
In the first scenario, being laid off, this means that you do not have a job to come back to and will be asked to reapply. If you are placed on leave – whether paid or unpaid – this means that your workplace is temporarily suspending services but will keep your position for you and expect you to return when the company reopens. If you are not sure, ask this question directly of your boss or your HR office, as this is a very important distinction.
If you are being placed on leave in accordance with an official policy, then the days you are not working will not count as unemployment and will not count against your 90-day maximum period of unemployment (your "unemployment clock").
If you are being laid off, however, you are required to report this end in employment to the International Student Coordinator within 10 days. These days will count against your 90-day unemployment clock.
NOTE: It is important to note that the international education community has asked SEVP and USCIS to issue guidance on this situation and to consider a temporary halt in counting of unemployment days – if any update is released (and we hope it will be) we will post that information here. In the meantime, we have to operate under the normal F-1 rules. If you are not clear on how many days you have left of your 90-day unemployment clock, please contact the International Student Coordinator for an update.
You can do volunteer work within your field to count toward your 20 hour per week requirement. If you begin volunteering in an official capacity, please report that work to the International Student Coordinator following the full work-reporting procedures listed on the OPT website. An official volunteer position within your field will stop the unemployment clock.
At this time, USCIS has closed its in-person offices. However, the people who process OPT applications are still working. They have not released any new timelines for the approval process, so 4-5 months should still be the norm for processing OPT applications.
You should speak with an immigration attorney before applying for unemployment benefits. Minot State University cannot advise on the unemployment process. Furthermore, applying for unemployment may negatively affect future visa applications and benefits.
During COVID-19, SEVP and USCIS have been issuing guidance and information relating to F-1 rules on a regular basis. The Office of International programs will continue to update the information on this page as new details are published.
Immigration and Customs Enforcement (ICE) has a COVID-19 website that it updates with new information regularly.
You can also refer to standard OPT guidance (see 7.1.8 of policy guidance).
Please remember that the information on our website is should not be considered legal advice. We recommend contacting an immigration lawyer for any complicated questions that arise about your case. We are only able to provide basic advice as new information is released by government agencies. Please email any questions to Elizabeth.Sund@MinotStateU.edu.
