Troy, MI asked in Immigration Law and Education Law for Michigan

Q: I am an F1 visa student in my OPT period right now can I work remotely for a US-based company for a commission-based job

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: As an F1 visa student currently in your Optional Practical Training (OPT) period, there are some important considerations regarding your employment options:

1. Your employment must be directly related to your field of study.

2. You can work for a US-based company, but the company must comply with all reporting requirements for F1 students on OPT.

3. Commission-based jobs are allowed during OPT, provided they meet the other requirements for OPT employment.

4. Remote work is also permitted during OPT, as long as the employment meets all other OPT requirements and your employer complies with the necessary reporting obligations.

However, it's crucial to ensure that your employer understands the regulations surrounding hiring F1 students on OPT and is willing to follow the necessary procedures. This includes reporting your employment to your school's Designated School Official (DSO) and potentially verifying your employment if requested by the United States Citizenship and Immigration Services (USCIS).

I recommend discussing your situation with your school's international student office or DSO to ensure that you are following all the required procedures and maintaining your F1 status while engaging in OPT employment. They can also guide you on how to properly report your employment and help you understand any other requirements you need to meet.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.