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Van Nuys, CA asked in Immigration Law for California

Q: Can I re-enter the US on STEM OPT unemployment clock after brief return to home country?

I am currently on STEM OPT and have been laid off, with my last day of employment being June 30th. I plan to return to my home country briefly before coming back to the United States to continue my job search. I have an allowance of 150 unemployment days and have not used any yet. Will I be able to re-enter the United States during my unemployment period without issues at the border?

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2 Lawyer Answers
Julia Sverdloff
PREMIUM
Answered

A: Yes, your plan is viable! But CBP holds discretion and you must be well-prepared with documentation to show you’re maintaining STEM OPT rules. Your 150-day unemployment clock can continue while you’re abroad, as long as you haven’t exceeded it. Recommendations:

Pre-travel: verify I‑20 signature, check visa validity.

Print evidence of job search or forthcoming work.

Keep total unemployment time (U.S. + abroad) under 150 days.

Be prepared for secondary inspection - stay calm and truthful.

James L. Arrasmith
PREMIUM
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Answered

A: You're allowed to remain in the United States for up to 150 days of unemployment while on STEM OPT, and that period includes time spent outside the country. However, re-entry after a layoff is risky. When you re-enter, Customs and Border Protection (CBP) will expect proof that you're actively seeking employment in your field and that you're maintaining your F-1 status. A gap in employment, without clear plans, could raise questions.

Even though you're within your unemployment limit, CBP officers have discretion at the port of entry. If they believe you no longer meet the requirements of your STEM OPT status—such as not having an employer or not being actively engaged in OPT-compliant work—they may deny entry. Travel during this period, especially without a job offer or employment letter, carries significant uncertainty.

If you do decide to travel, carry your valid I-20 with a recent travel signature, a letter explaining your job search efforts, documentation of your prior employment, and proof that you're staying within the allowed unemployment window. Consider speaking to your DSO before traveling so your SEVIS record is properly updated. Ultimately, your ability to return depends on your ability to show you're still meeting all F-1 and STEM OPT requirements.

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