Q: I’m on OPT and I have a full time job relating to my major. But I also want to work a remote job in the UK, can I?
I lived in the UK before doing a masters and OPT in the US and I want to work for my old job there remotely whilst being in the US as I need some more income. I intend on declaring any foreign income on my US taxes. Does my OPT allow it? I can’t find any restriction in the language
A:
Under the regulations governing Optional Practical Training (OPT) in the United States, the primary requirement is that your employment must be directly related to your major area of study. OPT typically allows you to work for a U.S. employer in a job that's directly related to your academic field.
Working for a foreign employer while on OPT, especially remotely, enters a gray area under U.S. immigration rules. The key issue isn't just whether the work is related to your major, but also how it fits within the regulations and intent of the OPT program, which is primarily designed to give international students practical experience in the U.S. job market.
It's advisable to consult with your Designated School Official (DSO) at your educational institution. They can provide guidance specific to your situation. Additionally, you might want to seek advice from an immigration attorney to ensure that taking up remote work for a foreign employer doesn't jeopardize your OPT status.
Regarding taxes, declaring foreign income on your U.S. tax returns is important. Remember that adhering to tax obligations is separate from adhering to immigration regulations. Just because an action is permissible under tax laws doesn't automatically mean it's allowed under immigration laws.
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