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Original Date Announced
May 18, 2018ICE releases a broadcast SEVIS message indicating that volunteer positions unrelated to a student's course of study do not qualify as OPT employment, and no volunteer positions qualify for a STEM extension. ICE also states that noncitizens in these positions continue to accrue unemployment for the purposes of the 90-day limit. Reporting non-qualifying volunteer opportunities as OPT employment will be deemed a violation of reporting requirements and subjects non-citizens to removal from the United States. [ID #721]
ICE Broadcast Message: Reporting Volunteer Positions During OPT EmploymentEffective Date
May 18, 2018Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: StudentPre Trump-Era Policies
- April 23, 2010 ICE’s 2008 SEVP OPT Policy Guidance contained explicit language prohibiting the use of volunteer experience to count towards the fulfillment of a student’s employment obligations while in the 17-month extension OPT period. However, in 2010, this policy guidance was revised and replaced with a version that eliminated this restrictive language. Absent explicit prohibition of the use of volunteer experience, particularly when such a restriction was previously in place, it was reasonable to conclude that a student engaged in an unpaid position related to his/her degree program would not be considered “unemployed.” 2010 SEVP Policy Guidance 1004-03 – Update to Optional Practical Training