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No, if an Exchange Visitor (J-1 visa holder) is subject to a furlough and unable to participate in their Exchange Visitor Program activities and fulfill their program objectives (e.g. engage in research), their stay in the U.S. would need to be shortened, and they would be required to leave the country. In most cases, the Exchange Visitor would have a 30-day grace period following the start date of the furlough. During the grace period, they could not engage in activities on campus or be employed by the university, but they are able to stay in the U.S. and wrap up their personal affairs and travel or file an application with the U.S. Citizenship and Immigration Services (USCIS) to request to change to a different nonimmigrant status.

No, an H-1B visa holder cannot be furloughed. U.S. Department of Labor (DOL) and USCIS regulations require employers to continue paying employees in H-1B status their required wages even during a temporary lack of work or loss of funding for their salaries.

No, a TN worker placed on an unpaid furlough would no longer maintain their immigration status and would be required to leave the U.S. immediately.

Yes, an F-1 visa holder on Optional Practical Training (OPT) can be furloughed and maintain their immigration status; however, they must ensure they do not exceed the allowed unemployment limits under OPT.

If the alum remains an employee with benefits while on furlough, they continue to maintain valid F-1 status if they resume work once the furlough ends. However, the unpaid time during the furlough may count toward the alum’s 90-day unemployment limit (for post-completion OPT). Due to the lack of guidance from SEVP, it is unclear to ISSS if F-1 visa holders in OPT must report being furloughed with benefits as unemployment in the SEVP Portal. ISSS advises if the F-1 visa holder is furloughed and their employer terminates their employee benefits (e.g., medical insurance), the alum should report unemployment in the SEVP Portal. F-1 visa holders on OPT should document any employment disruptions carefully and may want to consider securing another job or engaging in volunteer work related to their degree to maintain their OPT status.

Yes, an F-1 visa holder on STEM Optional Practical Training (OPT) can be furloughed and maintain their immigration status; however, they must ensure they do not exceed the allowed unemployment limits for STEM OPT.

If the alum remains an employee with benefits while on furlough, they remain in valid F-1 status if they resume work once the furlough ends. However, the unpaid time during the furlough may count toward the 150-day unemployment limit (for post-completion STEM OPT). Due to the lack of guidance from SEVP, it is unclear to ISSS if F-1 visa holders in STEM OPT must report being furloughed with benefits as unemployment in the SEVP Portal. ISSS advises if the F-1 visa holder is furloughed and their employer terminates their employee benefits (e.g., medical insurance), the alum should report unemployment in the SEVP Portal. F-1 visa holders on STEM OPT should carefully document any employment disruptions and may want to consider securing other paid employment through an E-Verify employer.