STEM OPT Unemployment Days: The 150-Day Rule
How the 150-day unemployment limit works during STEM OPT, how days from initial OPT count toward the total, and what happens if you reach the limit.
The 150-Day Unemployment Limit
Across the full 36-month OPT and STEM OPT period (12 months of initial post-completion OPT plus 24 months of STEM extension), an F-1 student may not accumulate more than 150 days of unemployment in total.
The 150-day limit is a combined cap, not a separate limit for each phase. Days used during initial OPT count toward the same total as days used during STEM OPT.
The 90-day unemployment limit applies during the 12-month initial OPT phase. If you reach 90 days of unemployment during initial OPT, you fall out of F-1 status before the STEM phase begins. The 150-day total only matters for students who successfully begin a STEM OPT extension.
How Initial OPT Days Count
Any unemployment days accumulated during the 12-month initial OPT period count toward the 150-day total.
- Example: a student who used 60 days of unemployment during initial OPT has 90 days remaining during the STEM extension.
- Example: a student who used no unemployment days during initial OPT has the full 150 days available during STEM OPT.
Your DSO tracks unemployment days in your SEVIS record. You should also track this yourself so you know how many days you have remaining at any point.
What Counts as an Unemployment Day
An unemployment day is any day during which you do not have qualifying employment. Qualifying employment means paid work that is directly related to your STEM degree field and authorized under your OPT or STEM OPT EAD.
- Weekends count. A student without a job on a Saturday is accruing an unemployment day.
- Federal holidays count.
- Days between jobs count, even if you are actively searching.
- Days when you are employed but doing work unrelated to your STEM field may count as unauthorized employment rather than unemployment, which is a separate violation.
What Does Not Count
Certain periods are excluded from the unemployment day count:
- Days during the 180-day automatic extension period after you filed a timely STEM OPT application before your current EAD expired. During this period, even if you are not yet working, unemployment days do not accrue because your application is pending.
- Days before your OPT start date.
- Days after your OPT or STEM OPT end date.
The 180-day pending period only protects you if you filed before your current EAD expired. A late filing does not receive the automatic extension and unemployment days continue to accrue.
Exceeding the Limit
If you accumulate more than 150 days of unemployment across the OPT and STEM OPT period, you fall out of F-1 status. At that point you must stop working and either depart the US, apply for a change of status, or take other corrective action.
Loss of F-1 status has serious consequences for future US immigration benefits. If you are approaching the limit, contact your DSO immediately. Do not wait until the limit is reached.
Tracking Your Unemployment Days
Students must report employment changes to their DSO within 10 days via SEVIS. Your DSO updates your unemployment day count when you report a job start or end. The count in your SEVIS record is the official record.
Keep your own log of employment start and end dates. If you believe your SEVIS record is incorrect, contact your DSO to review it.
Frequently Asked Questions
Does the 150-day limit reset for each STEM extension?
Can I use unpaid volunteer work to avoid unemployment days?
What happens if I exceed 90 days during initial OPT before STEM begins?
References
- 8 CFR 214.2(f)(5)(vi): OPT unemployment day limits
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