COVID-19 Frequently Asked Questions for Graduated International Students

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Table of Contents

• Immigration Status

• Employment

  • F-1 Optional Practical Training (OPT) and STEM OPT

  • J-1 Academic Training

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Immigration Status 

Is there any flexibility in extending grace periods for students who have been unable to depart the United States after completing their academic program due to travel restrictions?

Unfortunately, no. Departing the U.S. before your grace period ends is the best option. If you are having difficulty arranging your departure from the U.S. due to flight availability and cancellations, ISS recommends the following:

• Contact your home country’s Embassy or Consulate in the U.S. for assistance.
• Consider other destinations outside the U.S. you may be able to travel to if you are unable to travel to your home country.
• Apply to transfer to another U.S. educational institution within your grace period.
• Apply for an I-20/DS-2019 to pursue a new academic program at Texas A&M University within your grace period.
• Apply for post-graduation work authorization within your grace period (if eligible).
• Consult an experienced immigration attorney about changing to another visa status within the U.S. Information on how to locate an immigration attorney can be found at Finding an Immigration Attorney within our resources page located at https://iss.tamu.edu/Resources/Finding-an-Immigration-Attorney.

Employment

F-1 Optional Practical Training (OPT) and STEM OPT

1. I want to apply for OPT or STEM OPT extension. How does the pandemic affect my application?

The application to ISS for an OPT or STEM OPT recommendation has not been impacted by COVID-19. Unfortunately, ISS does not know how the pandemic will affect USCIS processing times. You can check on the USCIS COVID-19 response at https://www.uscis.gov/about-us/uscis-response-coronavirus-disease-2019-covid-19.
 

2. Can students apply for OPT while outside of the United States by filing a Form I-765, “Application for Employment Authorization,” from abroad?

It is not recommended to submit the I-765 application from abroad. USCIS adjudicates I-765 applications https://www.uscis.gov/i-765. On Page 4 of Form I-765, USCIS clearly states the applicant “must file Form I-765 while in the United States.” Please see the following screenshot from Page 4 of the I-765 for the statement referenced above.


 

3. I am on OPT or STEM OPT. Can I work from home? Do I have to report this?

The March 2020 SEVP Guidance has been extended for Spring 2021. This means that the latest SEVP guidance updated on 5/12/2020 is still in effect: “Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can assess student engagement using electronic means. Students participating in STEM OPT do not need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other changes remain in effect.”

If you are working remotely inside or outside of the US during OPT or STEM OPT, you do not have to report the change to ISS or submit anything.

For students who are on 12-Month Post Completion OPT who need to report other employment changes, please complete the Post Completion OPT Reporting Request within Terra Dotta.

For students who are on STEM OPT extension, you are still required to finish time-based and event-based reporting. To fufill your reporting requirements please complete the 24 Month Stem Extension Validation Reporting Request within Terra Dotta. 
 

4. I am on Optional Practical Training or STEM OPT extension. Can I work from outside the United States?

The March 2020 SEVP Guidance has been extended for Spring 2021. This means that the latest SEVP guidance updated on 5/12/2020 is still in effect: “Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can assess student engagement using electronic means. Students participating in STEM OPT do not need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other changes remain in effect.”

If you are working remotely inside or outside of the US during OPT or STEM OPT, you do not have to report the change to ISS or submit anything.

For students who are on 12-Month Post Completion OPT who need to report other employment changes, please complete the Post Completion OPT Reporting Request within Terra Dotta.

For students who are on STEM OPT extension, you are still required to finish time-based and event-based reporting. To fufill your reporting requirements please complete the 24 Month Stem Extension Validation Reporting Request within Terra Dotta. 

5. Is there any flexibility in extending grace periods for students who have been unable to depart the United States after completing their OPT due to travel restrictions?

The March 2020 SEVP Guidance has been extended for Spring 2021. The latest SEVP guidance updated on 5/12/2020 regarding this concern: “This is a complex issue that SEVP is addressing within the larger context of the DHS response to the COVID-19 emergency."

Unfortunately, there is no new government guidance allowing any sort of exceptions. Departing the US before the grace period ends is the best option. Please feel free to reach out to your home country’s Embassy or Consulate in the U.S. for assistance.

If you have difficulty to depart the US before your grace period ends, please consult an experienced immigration attorney about changing to another visa status within the United States. Information on how to locate an immigration attorney can be found at Finding an Immigration Attorney within our resources page located at https://iss.tamu.edu/Resources/Finding-an-Immigration-Attorney.
 

6. My hours of work have been reduced. Do I have to report that as unemployment?

As long as you are working at least 20 hours per week, you are not accruing unemployment time.

SEVP has further stated in their Frequently Asked Questions (https://www.ice.gov/coronavirus) that "For the duration of the COVID-19 emergency, SEVP considers students who are working in their OPT opportunities fewer than 20 hours a week as engaged in OPT."

If your work hours are reduced to 0, you may be accruing days of unemployment (see next question).
 

7. I was laid off or fired. Does this count toward unemployment time? What do I need to do?

Layoff is “the act of dismissing employees, especially temporarily or a period of enforced unemployment or inactivity.”  Layoffs can be permanent as well.  The time you spend not employed counts toward the unemployment time. 

• Be sure to do your required reporting for OPT. 
• Report the end of employment in the SEVP Portal within 10 days. 
• Follow the ISS OPT Employment Reporting Requirements within 10 days by completing:
  • Post Completion OPT Reporting Request
  • 24 Month Stem Extension Validation Reporting Request

8. I was furloughed by my OPT/STEM OPT employer. What should I do? What does this mean for me?

As much as possible, you should continue to follow existing F-1 regulations until new government guidance is published. Beyond that, it is extremely important that you fully understand how COVID-19 is affecting your job so that ISS and others can best assist you with your questions. ISS recommends that you contact your employer to find out exactly what is going on with your employment. The more clarification you receive from your employer, the better able ISS will be to answer your questions.
Furlough is “a usually temporary layoff from work,” but this term is used inconsistently. Some employers use the term furlough to reduce the number of hours an employee is working.   Contact your employer to ask the questions listed below so you fully understand how your employer interprets the term ‘furlough.’  Then, contact ISS and forward us the decision made by you and your employer in writing.   
ISS recommends that you ask the following questions directly to your supervisor or a Human Resources (HR) representative:

• Will you receive any written notification from your employer about how your employment is impacted or how your employment is changing?
• Did you get "laid off" or fired?  This means you are no longer employed and do not have the expectation of returning to the same job.
• Did your employer ask you to work from home?  If so, since when?
• Did your employer ask you to participate in a furlough program?  If so, will you still be considered an employee while on furlough?  Will you continue to work at a reduced amount during the furlough?  Is it expected that your job will resume once the furlough period ends?  How many hours a week will you be working while you are furloughed? 
• Are you being placed on temporary leave based upon your employer’s leave policy? 

9. I was furloughed. Does this count toward unemployment time? What do I need to do?

It depends on what your employer’s furlough program looks like (see question above).  As long as you are working at least 20 hours a week, you are not accruing unemployment time.  If you are working less than 20 hours a week or not at all, then you need to determine if you are on a leave status with the employer.  If you are on an approved leave status, then you may not be accruing unemployment.  There is not specific guidance from SEVP or USCIS regarding OPT and furloughs. 

• If you are working less than 20 hours per week and are not on approved leave, then be sure to do your required reporting for OPT. 
• Follow the ISS OPT Employment Reporting Requirements within 10 days by completing:
  • Post Completion OPT Reporting Request
  • 24 Month Stem Extension Validation Reporting Request

10. Can I get unemployment benefits?

It depends on the state you were working in and many other criteria.  For example, the Texas Workforce Commission states: 
Citizenship or Work Authorization 
If you are not a U.S. citizen, you may be eligible for unemployment benefits if you are: 

• Legally residing in the U.S. 
• Authorized to work in the U.S.: 
• At the time you earned your base-period wages 
• When you apply for benefits 
• While requesting benefits 
• Able to satisfy the requirements of Form I-9, Employment Eligibility Verification 

https://www.twc.texas.gov/jobseekers/ongoing-eligibility-requirements-receiving-unemployment-benefits  
ISS will not be able to determine if you are eligible for unemployment benefits.  Please check with the appropriate government agency in the state where you are located. 
 

11. Will there be an extension or suspension of the 90-day/150-day allowed period of unemployment for OPT and STEM OPT during the COVID-19 emergency?

The March 2020 SEVP Guidance has been extended for Spring 2021. The latest SEVP guidance updated on 5/12/2020 states: “DHS is evaluating this issue but has not yet determined whether to implement a specific exemption for exceeding the regulatory limits for unemployment of 90 days for OPT and 150 days for STEM OPT.”

In short, we must follow the existing rules about unemployment during OPT and STEM OPT:
During standard post-completion OPT, a student may not be unemployed for an aggregate of more than 90 days.

If a student receives a 24-month STEM OPT extension, the limit on unemployment is raised to an aggregate of no more than 150 days, applied to the entire period of standard post-completion and STEM OPT.

 

J-1 Academic Training