End of COVID-19 Flexibilities for OPT

Recently, it was announced that special guidance for F-1 students and alumni during the COVID pandemic was discontinued as of summer 2023. As the standard non-COVID F-1 regulations resume, this includes some changes for students on Post Completion OPT and STEM OPT.

OPT Remote Work in the U.S.

SEVP has clarified that students participating in OPT and STEM OPT may work remotely within the U.S. as long as they continue to comply with the regulatory requirements regarding practical training and continue the training’s mentoring relationship. For STEM OPT students, this includes the completion of the Form I-983 Training Plan with details of how your training and oversight are being conducted remotely.

OPT Remote Work from Abroad

No clarification has been given with the end of COVID guidance regarding the lawfulness of working remotely while outside of the U.S. during an OPT period. However, there are additional considerations to take into account regarding being abroad during OPT:

• OPT is ultimately a U.S.-only work authorization. While you are in other countries, you will need to comply with the employment laws of those countries. Working a U.S. based employment remotely while in another country could potentially be a violation of that country’s employment laws.
• The “5 Month Rule” has resumed. If you are outside of the U.S. for more than 5 months, your F-1 SEVIS record would automatically complete, which also causes your OPT authorization to end. At that point you would need to need to meet the requirements to receive a new I-20 in order to return to the U.S. in F-1 status.
• We do not know how immigration officials may calculate OPT unemployment time. It is possible that if you are not working within the U.S., immigration officials may not count that time as employed under OPT authorization. Our understanding, however, is that if your employer has granted an approved leave (vacation, work travel, etc) that should not be counted as unemployed time.

Given that working remotely from abroad during OPT was a temporary allowance noted in the previous COVID guidance, the ISSO believes that with the guidance expiration, it would now be safest to refrain from working OPT employment outside of the U.S. unless the travel is directly related to your job.

Reporting Your Work Site Address

If you are working in a position that is permanently remote, you should report your OPT Work Site address as the location where you are physically working – which may be your home address. If you are on STEM OPT, the Work Site address listed on page 3 of your Form I-983 should also reflect your remote working location. If you are working in a position that is hybrid, you should continue reporting the primary office/ work site where you work when not working remotely.

Part Time Work on Post Completion OPT

While the COVID guidance was active, a temporary allowance was granted to alumni during the 12 month Post Completion OPT authorization which let participants report part-time employment (20 hours or less per week) as valid OPT employment. Now that the guidance has expired, all alumni within a Post Completion OPT authorization period must report full-time employment (more than 20 hours per week) in order to meet the employment requirements of your authorization.

I-983 Signatures on STEM OPT

SEVP also recently announced that they are removing the requirement of ink signatures from the Form I-983 for STEM OPT participants. A new version of the form has been published which removes the wording of the ink signature requirement. Ensure that in future STEM OPT reports, the newest version of the form is used. The ISSO will accept the following electronic signature types on the I-983, per the new guidance:

• Option 1 – Typed signatures that are E-signed or equivalently verified/ secured through a software application.
• Option 2 – Electronically produced copy of a signature. This can be a digital reproduction, or a scanned image of a physical signature.

Still have questions?

• Contact the ISSO through the iComet “Ask an Advisor” eForm or during Live Chat hours
• If you would like to speak with an advisor, you may schedule an appointment – isso.utdallas.edu/advising/