Understanding the Impact of Layoffs and Furloughs on OPT Status and Student Visas

Understanding the Impact of Layoff or Furlough on Your OPT Status

For many international students in the United States, the Optional Practical Training (OPT) program is a pathway to gain valuable work experience in their field of study. But, what happens to your OPT status if you face a layoff or furlough? It’s important for students on a student visa to understand the implications to ensure they maintain their legal status in the country.

The Effects of Layoff on OPT Status

Losing your job through a layoff can be stressful, especially when you’re on an OPT. Here is how a layoff might impact your OPT status:

• Unemployment Limitation: OPT status comes with a limit on how many days you can be unemployed. For post-completion OPT, the limit is 90 days. If you’re on a 24-month STEM extension, you have an additional 60 days, totaling 150 days of unemployment permitted over the entire OPT period. A layoff counts toward these unemployment days. If you reach the limit, your OPT status—and your student visa—could be at risk.

• Reporting Requirements: If you are laid off, you must report the change in your employment status to your Designated School Official (DSO) within 10 days. Your DSO will then update your record in the Student and Exchange Visitor Information System (SEVIS).

Navigating Furlough While on a Student Visa

A furlough—a temporary leave of absence often without pay—doesn’t necessarily mean a loss of employment status, but it comes with its own set of challenges:

• Short-Term Furloughs: Brief furloughs may not affect your OPT as long as you are still considered an employee and have a reasonable expectation of resuming work. It is, however, important to maintain communication with your employer about your employment situation.

• Long-Term Furloughs: If a furlough extends for a longer period, reaching near the unemployment limits of the OPT, you must consider finding another job to maintain your OPT status or consult with legal experts regarding your options. Remember that any period during which you are not working can count towards the unemployment limit.

Maintaining Legal Status After a Layoff or Furlough

Here are some examples of actions you can take to maintain your legal status after a layoff or furlough:

• Look for New Employment: Be proactive in your job search. Finding a new job that aligns with your degree program is essential to retaining your OPT status.

• Consult Your DSO: Your DSO can provide guidance and help you understand your options. They can also assist you in updating your SEVIS record if you find new employment.

• Educational Alternatives: If you are close to reaching your unemployment limit and have not found a job, consider enrolling in another educational program to maintain your status.

• Leave the Country: If your OPT period ends or you cannot find employment before reaching the unemployment limit, you must leave the United States within the grace period to avoid violating immigration laws.

Resources to Consult During Layoff or Furlough on OPT

To stay informed and in compliance, here are some resources you should consult:

• U.S. Citizenship and Immigration Services (USCIS): This is the official website for immigration and OPT-related updates. USCIS

• The SEVP Portal: This tool allows OPT students to report changes in their employment and personal information directly to SEVIS. SEVP Portal

• Your University’s International Student Office: They can offer support and information specific to your situation.

Conclusion

A layoff or furlough can significantly impact your OPT status and, by extension, your student visa. It’s crucial to be aware of the unemployment limits, stay in touch with your DSO, and actively seek new employment opportunities. By understanding your rights and responsibilities, you can navigate this challenging situation while maintaining your legal status in the U.S. Always consult with official immigration resources or legal advisors for personalized guidance.

So there you have it, folks! Layoffs and furloughs can be pesky obstacles on your OPT journey, but don’t fret! Stay within the unemployment limits, keep your DSO in the loop, and get busy searching for new employment. And if you want even more juicy details and expert advice on navigating the OPT maze, head on over to visaverge.com. They’ve got all the info you need to stay on top of your game. Happy OPT-ing! 🎉🌟

FAQ’s to know:

FAQ 1: How does a layoff impact my OPT status?

If you face a layoff while on Optional Practical Training (OPT), it can have consequences for your OPT status. There is a limit on unemployment days for both post-completion OPT and the 24-month STEM extension OPT. A layoff counts towards these unemployment days. If you exceed the limit (90 days for post-completion OPT and 150 days for STEM OPT), your OPT status, as well as your student visa, could be at risk.

FAQ 2: What happens if I experience a furlough while on OPT?

While a furlough, which is a temporary leave of absence, may not necessarily result in a loss of employment status, it can create challenges. Short-term furloughs usually do not affect your OPT as long as you are still considered an employee and anticipate returning to work. However, if a furlough extends for a longer duration, approaching the unemployment limits of your OPT, you may need to find another job or seek legal advice to maintain your OPT status.

FAQ 3: What should I do to maintain my legal status after a layoff or furlough?

To maintain your legal status after a layoff or furlough, here are some recommended actions:

1. Look for new employment within the permitted unemployment period.
2. Update your employment status with your Designated School Official (DSO) within 10 days of a layoff.
3. Seek guidance from your DSO about your options and updating your SEVIS record if you find new employment.
4. Consider enrolling in another educational program if you are nearing your unemployment limit.
5. If your OPT period ends or you can’t find employment before reaching the limit, leave the United States within the grace period to comply with immigration laws.

Rely on official resources such as the U.S. Citizenship and Immigration Services (USCIS), the SEVP Portal, and your university’s International Student Office for further support and information specific to your situation.

What did you learn? Answer below to know:

1. True/False: A layoff or furlough can potentially affect an international student’s OPT status and student visa.
2. What is the maximum number of days of unemployment permitted during the entire OPT period (including the 24-month STEM extension)?
3. What are three actions an international student can take to maintain their legal status after a layoff or furlough?