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Opt Stem Meeda


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1. F-1 Optional Practical Training (OPT) rules changed in April 2008. One of those changes was a provision that limited periods of unemployment to 90 days cumulative during the 12 month OPT period.
Many questions have been raised about this requirement. It is unclear if someone is unemployed more than 90 days, how or when they will be negatively impacted. It seems likely to be an issue at either the port of entry or if someone is seeking a change of status. The Office of International Education (OIE) recommends that students on OPT think broadly about their employment options and make every attempt to avoid 90 days of unemployment.
The Student and Exchange Visitor Program (SEVP) has provided guidance about what constitutes “employment” for students on the 12 month period of OPT. Employment may include:[list]
[*][i]Paid employment.[/i] Students may work part time (at least 20 hours per week when on post-completion OPT) or full time.
[list]
[*][i]Multiple employers.[/i] Students may work for more than one employer, but all employment must be related to the student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours.
[*][i]Short-term multiple employers (performing artists).[/i] Students, such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.
[*][i]Work for hire.[/i] This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.
[*][i]Self-employed business owner.[/i] Students on OPT may start a business and be self-employed. In this situation, the student must work full-time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.
[*][i]Employment through an agency.[/i] Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency.
[/list][*][i]Unpaid employment.[/i] Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment.
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Posted

[quote name='raaj' timestamp='1345765287' post='1302369419']
1. F-1 Optional Practical Training (OPT) rules changed in April 2008. One of those changes was a provision that limited periods of unemployment to 90 days cumulative during the 12 month OPT period.
Many questions have been raised about this requirement. It is unclear if someone is unemployed more than 90 days, how or when they will be negatively impacted. It seems likely to be an issue at either the port of entry or if someone is seeking a change of status. The Office of International Education (OIE) recommends that students on OPT think broadly about their employment options and make every attempt to avoid 90 days of unemployment.
The Student and Exchange Visitor Program (SEVP) has provided guidance about what constitutes “employment” for students on the 12 month period of OPT. Employment may include:[list]
[*][i]Paid employment.[/i] Students may work part time (at least 20 hours per week when on post-completion OPT) or full time.
[list]
[*][i]Multiple employers.[/i] Students may work for more than one employer, but all employment must be related to the student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours.
[*][i]Short-term multiple employers (performing artists).[/i] Students, such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.
[*][i]Work for hire.[/i] This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.
[*][i]Self-employed business owner.[/i] Students on OPT may start a business and be self-employed. In this situation, the student must work full-time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.
[*][i]Employment through an agency.[/i] Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency.
[/list][*][i]Unpaid employment.[/i] Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment.
[/list]
[/quote]
:3D_Smiles_153:

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