International Students: Working As Contractors?

International students on an F-1 visa are often curious about their eligibility to work as contractors in the United States. While there is some ambiguity in the regulations, it appears that F-1 students are generally not permitted to work as independent contractors during their first year of study. However, after the initial 12 months, certain visas, such as the F-1 OPT visa, allow for contract work or self-employment, provided it is directly related to their field of study and they meet other criteria. Students on OPT can also take up volunteer or unpaid work, and there are opportunities for on-campus employment or work with educationally affiliated organizations.

Freelancing as an international student

International students in the US on an F-1 visa are subject to work authorization requirements that affect their ability to freelance. In the US, freelancing is considered a type of self-employment. A freelancer works for themselves rather than for an employer, providing services or products through specific projects for multiple companies and/or clients. Projects can be one-time or ongoing.

International students on F-1 visas are only authorized to work on campus unless they obtain additional work authorization. There are two work authorization options for international students: Curricular Practical Training (CPT) and Optional Practical Training (OPT). CPT cannot be used for freelance work because it must be tied to a specific employer. OPT may be used for freelance work after the first year of school. No off-campus work authorization will be granted during the first academic year.

Post-completion OPT can be used for freelancing, and students can work full-time up to 40 hours a week in total. These restrictions apply to any international student physically in the US, whether freelancing for a US company or a company based in another country. According to USCIS, self-employment is allowed on OPT, which means freelancing is permitted. International students can even freelance for multiple different companies or clients as long as their total hours do not exceed the OPT limit.

It is important to note that any 1099 work that is not authorized will result in a violation of immigration laws. For example, F-1 students can get in trouble for driving for Uber or Lyft or working in restaurants as a server/kitchen cook when they have a CPT or OPT. To avoid such issues, international students must ensure they have the proper work authorizations and visas before engaging in any freelance work.

Work authorization requirements

International students are subject to work authorization requirements that affect their ability to freelance or work as a contractor. In the US, freelancing is considered self-employment, and international students can work as freelancers or contractors as long as they have a work permit and are enrolled in a full-time course. They can work up to 20 hours per week and must keep detailed records of their work.

To work as a contractor in the US, international students must have an F-1 visa and an Employment Authorization Document (EAD). The I-20 form, which certifies that the applicant is a bona fide F-1 student, must also state the employment. The student must first obtain an internship offer and then work with the Designated School Official (DSO) to apply for the EAD with USCIS. The DSO will enter their recommendation into the Student and Exchange Visitor Information System (SEVIS) and provide the student with the supporting Form I-20.

Post-completion Optional Practical Training (OPT) can also be used for freelancing, and international students can work full-time up to 40 hours a week. This applies to any international student physically in the US, whether they are freelancing for a US company or a company based in another country. All work must be related to the student's academic major, and they must take the right steps to avoid risking their visa status.

In other countries, the work authorization requirements for international students vary. For example, in Costa Rica, international students are not allowed to work alongside their studies to protect the employment opportunities of Costa Rican citizens. In Cyprus, EU students are allowed to work up to 20 hours a week, but non-EU citizens are usually not granted employment rights. In Fiji, no international students are allowed to work, while in Lebanon, an employer must prove that the job cannot be done by a Lebanese citizen for an international student to gain the right to work.

Types of employment allowed on F-1 OPT

International students on an F-1 visa can undertake Optional Practical Training (OPT) to gain temporary employment directly related to their major area of study. This can be done pre-completion or post-completion of their academic studies. Students can work for multiple employers, but all employment must be related to their degree programme. Students can also work for multiple short-term employers if they are performing artists, such as musicians. They must maintain a list of all gigs, including dates and duration, and be prepared to provide this evidence if requested by the DHS.

Students on OPT can also be self-employed, but they must work full-time and have the proper business licenses. Their business must also be related to their degree programme. Students can also take on unpaid work, such as volunteering or unpaid internships, as long as it does not violate any labour laws. This must also be for at least 20 hours per week, and they must be able to provide evidence of this.

Students on a 24-month extension of OPT must have paid employment and work at least 20 hours per week for an E-Verify employer in a position directly related to their STEM degree. They may work for multiple employers, but all employers must be enrolled in E-Verify.

It is important to note that only the Green Card and the 12-month initial OPT extension of the F-1 student visa allow for contract work. Students pursuing the additional STEM extension will only be able to accept contract work through a company with which they can maintain an employer-employee relationship.

Visa regulations for contract work

To work as an international student in the US, you will generally need a student visa. The two nonimmigrant visa categories for persons wishing to study in the US are the F and M visas. The F-1 Visa (Academic Student) allows you to enter the US as a full-time student at an accredited college, university, school, or another academic institution. To be eligible for this visa, you must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate, and your school must be authorized by the US government to accept foreign students.

F-1 visa jobs do not specify a maximum number of hours worked in a week, and it is possible to overlap contracts to avoid unemployment. However, F-1 students may not work off-campus during their first academic year but may accept on-campus employment. After the first academic year, F-1 students may engage in three types of off-campus employment, including the Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT).

To be eligible for the STEM OPT, your employment must meet the requirements of a Form I-983 Training Plan. You must be employed in a paid job related to your STEM major field and be employed by a qualified E-Verify employer. Graduates with qualifying STEM degrees who wish to apply for the additional 24 months of employment won't be able to continue contract work after the initial 12 months of their OPT.

Contract work is only permitted with the 12-month initial OPT extension of the F-1 student visa and the Green Card. Those pursuing the additional STEM extension or applying for an H-1B work visa will only be able to accept contract work through a company with which they can maintain an employer-employee relationship.

OPT extension for F-1 visa

International students with an F-1 visa are eligible to work in the US through Optional Practical Training (OPT). OPT is temporary employment directly related to an F-1 student's major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before (pre-completion) and/or after (post-completion) completing their academic studies. However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT.

Certain F-1 students who receive degrees in science, technology, engineering, and mathematics (STEM) fields may apply for a 24-month extension of their post-completion OPT. To be eligible for the STEM OPT extension, students must have earned a bachelor's, master's, or doctoral degree from a school that is accredited by a U.S. Department of Education-recognized accrediting agency and is certified by the Student and Exchange Visitor Program (SEVP) at the time of submitting their STEM OPT extension application.

If an F-1 student with a STEM degree finishes their program of study and participates in an initial period of regular post-completion OPT, they have the option to apply for a STEM OPT extension. The STEM OPT extension is a 24-month period of temporary training directly related to the student's program of study in an approved STEM field. To qualify, the student must have a degree in an eligible STEM field from a SEVP-certified school that is accredited when they submit their STEM OPT extension application to U.S. Citizenship and Immigration Services (USCIS).

It is important to note that the OPT extension for F-1 students typically requires a verifiable employer-employee relationship. While contract work is allowed during the initial 12-month OPT period, it is not permitted during the STEM OPT extension. F-1 students on OPT can engage in self-employment, volunteer work, or unpaid work, but they must comply with all requirements for maintaining their student status. Additionally, off-campus employment authorization for F-1 students ends one year after issuance or upon completion of the program, whichever comes first.

Frequently asked questions