This new rule sets a time limitation on the number of days an F-1 student may be unemployed during an authorized OPT period. Each day during the period when OPT authorization begins and ends that the student does not have qualifying employment counts as a day of unemployment.

The rule sets an aggregate unemployment time at 90 days for 12 months of OPT and 120 days for 29 months of OPT starting after April 08, 2008. Aggregate means that you add up individual days, even if they are spaced apart. Example: Your OPT starts 15 May. You get a job that starts 01 July. You have aggregated 47 days of unemployment. You work until 31 December and the job ends. Your next job starts on 01 March, but by 12 February you will have aggregated 90 days of unemployment.

Unpaid internships and part-time employment (at least 20 hours per week) can be considered as meeting the OPT time employment requirement.

Travel outside the United States impacts the period of unemployment: If the student whose approved period of OPT has already started travels outside of the United States while unemployed, the time spent outside the United States will count as unemployment against the 90 day limit (or 120 day limit for students approved for the 17-month STEM extension).

If a student travels while employed during a period of leave authorized by an employer or as part of their employment, the time spent outside the United States will not count as unemployment.

Students who have OPT extended due to the cap gap provisions continue to accrue unemployment time and are subject to the 90-day limitation period.

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