Q: How to set up unpaid work on OPT with consultant's LLC in Illinois?
I am currently on OPT and looking to do unpaid work from home in the actuarial science field with an independent consultant who owns an LLC. We have a mutual agreement to collaborate temporarily while I pursue a full-time actuarial analyst position. I will be working on a list of tasks, such as research. Although I do not require payment at this moment, there is a possibility that the unpaid work may turn into a paid opportunity in the future. How should we set up our work relationship – as a volunteer or an internship – to comply with my OPT requirements, and will working from home pose any issues?
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A:
For OPT compliance, structuring your arrangement as an unpaid internship is typically more appropriate than volunteering, as OPT requires positions to be directly related to your field of study. The LLC should provide you with a formal offer letter detailing your role, responsibilities, hours, duration, and the educational benefits you'll receive, which you'll need for your SEVIS record and future employment verification.
Working remotely is generally acceptable under OPT rules, but ensure your arrangement includes regular supervision and feedback from the consultant. Document all your work thoroughly with dates, hours, and project details, as maintaining evidence of your professional development will be crucial for immigration purposes.
Should this transition to paid work, you'll need an updated offer letter reflecting compensation terms, and the LLC must verify your employment eligibility using Form I-9. Remember that all OPT positions must be reported to your university's international student office within 10 days of starting, even if unpaid, so inform them about this arrangement right away to maintain your immigration status.
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