The STEM OPT Nightmare Scenario
Read Time: 5 minutes
You’ve done it.
You came to the U.S., got your degree, and now you’re living your dream to work in the U.S. on OPT.
And, because you completed a STEM (Science, Technology, Engineering, Mathematics) program, you get an additional 2 years of work authorization.
Then, everything falls apart.
Your employer lets you go.
The nightmare begins.
(Quick primer for those of you that aren’t aware- Optional Practical Training (OPT) is a work authorization available to international students for 12 months after they graduate.
The STEM OPT extension is an additional 24-month work authorization, but the catch is that you need to have a STEM-related job to apply for this work extension.)
This happened to not one, but two of my students, both in the last few weeks.
Their situations varied slightly in the timing of being let go, but that small difference made a big impact on their best path forward.
I’m going to share here in the hope that nobody has to use this information, but it’s better to have it and not need it than the other way around.
And there’s going to be a big twist at the end, so stick around.
Let’s get into it.
Scenario 1: Lose Job Before Applying for STEM OPT
This is the worst case scenario.
This student found out, with less than 2 months left in her standard OPT period, that her employer had decided they weren’t going to help her apply for STEM OPT after all.
Why they made that decision is beyond me- STEM OPT is a perfectly legal work authorization that only requires the employer to complete a training plan for the student at the application phase, midpoint, and conclusion of the STEM OPT.
That’s it. Three minor reports and they get an amazing worker for 2 additional years.
This employer promised my student they’d employ her through the STEM OPT period, then backed out.
Tough situation.
But international students are some of the most resilient people I’ve ever met, so she pushed on.
She came to me to understand her options. I explained that she could:
Depart the U.S. and return to her home country (not an option she wanted to consider)
Apply for and find a new job before her regular OPT ended (always tough to complete a job search under such a tight timeline)
Enroll in a new program of study
As you can imagine, having just completed a STEM master’s program, she was in no rush to enroll in a new program.
And like I said up top, she didn’t want to return to her home country.
So her situation basically came down to this:
She was able to look for jobs and try to secure an offer up until the day her standard OPT ended.
If she was able to find one, then she could apply online right away and receive the automatic 180 day work authorization extension granted to all itnernational students who apply for STEM OPT.
If she couldn’t find an employer before her standard OPT ended, then she still had her 60-day grace period after the end of the OPT to find a new school and a new program to enroll in.
It was still a tough road, but knowing her options and timelines helped this student focus on what was within her control, and I’m happy to say that she was able to secure a job offer and is now on her STEM OPT.
Scenario 1: Lose Job While STEM OPT Application is Pending
This one is just as frustrating.
The company let this student go after he had already submitted his STEM OPT application.
His case is more gray than the first student.
On the one hand, his application has already been submitted, so there’s a chance he still gets approved.
If he does, then he’s in good shape because STEM OPT approval gives students an additional 60 day allotment of unemployment that is allowed before the student is considered to have violated their status.
When this 60 day allotment is added to the 90 days granted during the standard OPT approval, that gives a total of 150 days where an F-1 student on OPT is allowed to be unemployed.
Since this students had been unemployed for ‘only’ about 40 days during his standard OPT, he’d have more than enough time to find a new position.
On the other hand, there is the chance that his STEM OPT application gets denied, in which case he’d have to transfer to a new program immediately to maintain active status.
We’re still waiting on the decision from USCIS on this case, but the student was able to develop a backup plan in the event he gets denied.
Now here’s that big twist I teased at the beginning…
Both of these students got helped for free.
Yes, F-R-E-E.
They took advantage of my free 15-minute discovery call and we were able to quickly dissect their situations and the best paths forward.
That offer still stands (for now).
So if you have questions about studying in the U.S., no matter where you are in the process, I’d encourage you to take ownership of your situation and jump on a no-obligations call that is, again, 100% free.
Here’s that link one more time.
Cheers to those of you ready to take that first step to…
Live Your American Dream.
Josh
