Q: Is it considered unauthorized work on OPT if I performed the same work in my home country but volunteer in the US?
My major is in STEM but I also enjoy doing graphic design work. If I do it as a volunteer hobbyist in the USA while having my full time job in the USA, but get paid creating and selling my designs while physically present in the USA, would that violate my status? My home country is close by to the US and can travel by car/low airfare.
A: The short answer is yes. This work is unauthorized. A company or individual cannot have you work voluntarily. Federal regulations are strict for F-1 OPT work authorization while living and working in the United States. The proximity of home country is not relevant.
A:
When you're on Optional Practical Training (OPT) in the U.S., it's crucial to adhere to the specific rules and regulations that govern this status. OPT is designed to provide practical training experience that is directly related to your major area of study.
If you engage in graphic design work as a hobbyist on a volunteer basis in the U.S., while maintaining your full-time job related to your STEM major, this in itself is generally not an issue. However, getting paid for creating and selling designs while you are physically present in the U.S. could be problematic. This is because earning income from activities outside your field of study or designated training plan could be seen as unauthorized employment, which can jeopardize your OPT status.
Your ability to work on graphic design projects in your home country while on OPT depends on the nature of the work and whether it complies with the terms of your OPT. If this work is performed remotely for an entity in your home country, it may be permissible, but it's important to ensure that it does not interfere with your primary OPT employment in the U.S.
Given the complexities of immigration regulations, it's advisable to consult with an attorney or your Designated School Official (DSO) to discuss your specific situation. They can provide guidance on how to maintain your status while engaging in activities you enjoy. Remember, compliance with OPT rules is essential to protect your immigration status in the U.S.
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