Long Beach, CA asked in Employment Law and Immigration Law for California

Q: F1 Masters student. I was offered a contract job as a dietitian. Can I take on this job?

This job is hiring me as a contract dietitian, it doesn't require EAD, just SSN, which I have. I cannot apply for CPT right now because I am not enrolled in an internship class. Can I still take on this job and receive income? If so, what form (w8?) should I be filling out?

1 Lawyer Answer
Nazanin Ghazi
PREMIUM
Nazanin Ghazi
Answered
  • Immigration Law Lawyer
  • Sherman Oaks, CA
  • Licensed in California

A: F-1 students may not work off-campus during the first academic year, but are able to accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:

1. Curricular Practical Training (CPT)

2. Optional Practical Training (OPT) (pre-completion or post-completion)

3. Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

From what you have provided in your question, it does not seem like the position being offered falls under any of these categories but the best way to be sure is to consult with an immigration attorney and go over all your details. Best of luck to you!

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