Is There a 60-Day Grace Period After OPT Unemployment Days Are Exhausted?

Today a reader asked: In their situation, "after ending OPT EXT employment early, combined with the unemployment days already used during the first year of OPT, the total allowed 150 days of unemployment is expected to be exhausted before July 9 […] Will I still have a 2-month grace period after July 9, or will I be considered to have overstayed starting from the 9th because the unemployment days are used up? Given this situation, should I apply for a Change of Status to change my status from F1 to B2?"

Regular OPT allows 90 days of unemployment, and STEM OPT allows 150 days. Normally, after OPT ends, there is a 60-day "Grace Period" during which one may legally remain in the United States and apply for a change of status, but may not work. However, if unemployment exceeds 90/150 days, DHS will consider you to have violated your OPT status, and once status is violated, no grace period applies. In the reader's situation described above, one should apply to change status to B2.

There are many authoritative explanations online on this issue, including:

• Stanford University's Bechtel International Center student office states that F-1 regulations require students authorized for post-completion OPT to leave the U.S. before accruing more than 90 days of unemployment, and no 60-day grace period is allowed.

• William & Mary's Reves Center states that the Department of Homeland Security (DHS) has said it will terminate the immigration records of students who exceed 90 days of unemployment; if your immigration record is terminated, you must leave the U.S. immediately, and there is no grace period.

• See also the explanation from NAFSA: Association of International Educators, and answers from multiple lawyers on AVVO.