Asked in Employment Law and Immigration Law for California

Q: Can an OPT student work as contractor for a company?

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

A: Yes, students on OPT (Optional Practical Training) can work as contractors for companies, but there are important guidelines you need to follow.

During your OPT period, you can engage in self-employed contractor work as long as the work directly relates to your field of study. You'll need to maintain proper documentation of your work arrangements, including contracts and payment records. The position must require at least a bachelor's degree, and you must work at least 20 hours per week to maintain your F-1 status.

Remember that as a contractor, you'll be responsible for your own taxes, insurance, and other business-related matters. It's crucial to keep detailed records of your work activities and maintain evidence showing how the work relates to your degree. You should also ensure your contractor arrangement doesn't violate any specific terms of your OPT authorization, and consider consulting with your school's international student office or an immigration attorney for personalized guidance about your situation.

Keep in mind that during the STEM OPT extension period, additional requirements apply to contractor arrangements, including having a formal training plan (Form I-983) and working with an E-Verify enrolled client.

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.