Savanna Hoffman
International students in the US are often interested in freelancing to gain work experience and make extra money. However, they are subject to work authorization requirements that affect their ability to freelance or work as independent contractors. In the US, freelancing is considered self-employment, and independent contractors are similar to freelancers but take on longer projects. International students may be able to work as independent contractors or freelancers, depending on their visa status and whether they have received work authorization.
| Characteristics | Values |
|---|---|
| Work authorization options | Curricular Practical Training (CPT) and Optional Practical Training (OPT) |
| CPT | Cannot be used for freelance work |
| OPT | May be used for freelance work after the first year of school; allows for self-employment and contract work |
| OPT extension | 12-month extension of the F-1 student visa allows for contract work without tying the student to a specific employer |
| F-1 OPT | Does not specify a maximum number of hours worked in a week |
| STEM OPT | More restrictive; requires employment to meet the requirements of a Form I-983 Training Plan and be with a qualified E-Verify employer |
| USCIS | Self-employment is allowed; international students can freelance for multiple companies or clients as long as the total hours do not exceed the OPT limit |
| Visa type | O-1 visa is for independent contractors who are aliens of extraordinary achievement; H-1B visa does not allow for work as an independent contractor |
| Freelancing | Considered a type of self-employment in the US; freelancers work for themselves and provide services or products through specific projects for multiple companies and/or clients |
| Independent contractors | Distinct from employees and follow separate policies and processes; tend to have control over how, when, and where the work is done, and are paid based solely on services rendered |
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Work authorization requirements
International students in the US are subject to work authorization requirements that affect their ability to freelance or work as independent contractors. There are two main work authorization options for international students: Curricular Practical Training (CPT) and Optional Practical Training (OPT). CPT cannot be used for freelance work as it must be tied to a specific employer. OPT may be used for freelance work, but there are conditions that must be met to maintain visa status.
For those on an F-1 student visa, OPT can be used for freelance or self-employment opportunities, but the work must be directly related to the student's field of study. During school, students can freelance part-time (up to 20 hours a week) for up to 12 months using pre-completion OPT. However, this is not recommended as it will reduce the time they can use OPT after graduation. Post-completion OPT can be used for freelancing full-time (up to 40 hours a week). It is important to note that no off-campus work authorization will be granted during the first academic year.
To ensure legality while freelancing on OPT, students must follow certain steps. All work must be related to their academic major, and they must apply through their college, starting the application process up to 90 days before their first academic year ends. They will also need to submit the required paperwork directly to U.S. Citizenship and Immigration Services (USCIS). USCIS will authorize off-campus employment only in cases of severe economic hardship occurring after a student's enrollment in an academic program and after the student has been in F-1 status for at least one full academic year, or in emergent circumstances as defined by the Department of Homeland Security (DHS).
Additionally, students with an F-1 visa can also consider the O-1 visa, which is reserved for "aliens of extraordinary achievement." To qualify, applicants must meet at least three out of eight evidentiary criteria, including internationally recognized awards, participation as a judge in their field, published material in professional journals, and membership in associations requiring outstanding achievement.
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F-1 student visa
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, but it is not recommended to use it during studies as this will make a student ineligible for OPT after graduation.
To ensure legality while freelancing on OPT, all work must be related to a student's academic major. Students can work full-time for up to 40 hours a week in total, and they can freelance for multiple companies as long as their total hours do not exceed the OPT limit. Students can use websites like Upwork, Fiverr, and Freelancer.com to find freelance jobs.
The penalty for working illegally in the US is severe. Students may lose their student visa, be unable to obtain another visa in the future, and be banned from re-entering the US for three or ten years.
Some sources suggest that international students on F-1 visas cannot work as independent contractors. However, other sources indicate that this is possible with the correct work authorization. Students must obtain an internship offer and then work with the DSO to apply for an Employment Authorization Document with USCIS.
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OPT extension
International students in the US on an F-1 visa are subject to work authorization requirements. They may be able to freelance, but this is dependent on their visa status and the type of work authorization they have.
Optional Practical Training (OPT) is a type of work authorization that allows eligible students to apply for temporary employment directly related to their major area of study. Students can apply for OPT employment authorization before or after completing their academic studies, for up to 12 months.
For those who have earned a degree in certain STEM fields, there is the option to apply for an OPT extension. This is known as the STEM OPT Extension. F-1 students with a degree in a STEM field from an accredited US college or university may be able to apply for a 24-month extension of their post-completion OPT. To be eligible, students must meet certain requirements, including having a paid job offer of at least 20 hours per week that provides formal training related to their STEM degree.
Students can work for multiple employers during their STEM OPT extension, as long as they work at least 20 hours per week for each employer and comply with the 24-month STEM rule. They can also be employed by new start-up businesses, as long as all regulatory requirements are met.
The application process for the STEM OPT extension involves requesting a STEM OPT I-20 from the student's institution and maintaining their F-1 status. They must also pay a USD 200 STEM Post-Completion Training fee and complete the required forms, including Form I-983 with their employer.
It is important to note that while self-employment and freelancing are allowed on OPT, it can be exceptionally difficult to undertake contract work on the STEM OPT extension due to restrictions placed on employers by USCIS. Students pursuing the STEM OPT extension will only be able to accept contract work through a company with which they can maintain an employer-employee relationship.
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O-1 visa
International students in the US are subject to work authorization requirements that affect their ability to freelance. Freelancing is considered a type of self-employment in the US, and international students can freelance for multiple companies or clients as long as their total hours do not exceed the OPT limit. 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 as it must be tied to a specific employer, whereas OPT may be used for freelance work after the first year of school.
One option for international students to work as independent contractors in the US is to obtain an O-1 visa. The O-1 visa is a non-immigrant visa for individuals with extraordinary achievements in their profession. It is a flexible option as it does not require an arrangement between an employer and an employee, and an independent contractor's O-1 visa application can be sponsored by an agent. To qualify for an O-1 visa, an applicant must meet at least three out of eight evidentiary criteria and demonstrate extraordinary ability or a record of extraordinary achievement in their field. The O-1 visa has two subcategories: O-1A and O-1B. The O-1A is for individuals in the fields of science, arts, business, athletics, and education, while the O-1B is for those in the motion picture or television industry.
To apply for an O-1 visa, applicants must include a letter of recommendation from an appropriate labour organization, peer group, or experts in their field. This letter should demonstrate that the applicant meets the standard of being extraordinarily skilled in their profession. Additionally, applicants must provide evidence of their extraordinary ability or achievement. This can include internationally recognized awards, nationally or internationally recognized prizes and awards for excellence in their field, evidence of participation as a judge of work in their field, published material in professional journals or relevant media outlets, and membership in associations in their field that require outstanding achievement.
It is important to note that there is no hard cap on the number of O-1 visas issued per year, and they have a high approval rate. However, it is crucial to choose the right immigration attorney to handle the case. Once the petition is approved, applicants can apply for their visa at a US Embassy or Consulate. As an O non-immigrant, individuals may be admitted to the US for the validity period of the petition, plus up to 10 days before and after the validity period.
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Green card
International students in the United States are typically classified as non-immigrants with F-1 status. Federal regulations allow F-1 students to work in jobs related to their field of study under the Practical Training regulations for CPT (Curricular Practical Training) or OPT (Optional Practical Training). However, there are restrictions on working as an independent contractor while on an F-1 visa.
According to US immigration forums, some F-1 visa holders have worked as independent contractors and received 1099 forms for their income. They express concern about whether this will affect their future visa applications, but there is no clear consensus. The general advice is that as long as they had a work permit, the method of payment (W2 or 1099) is not an issue. However, F-1 students are typically not supposed to receive compensation as independent contractors, and their income must be recorded under an officially regulated mode of payment.
To work as an independent contractor, international students may need additional work authorization. One option is to obtain an O-1 visa, which is for individuals with extraordinary abilities in their field. The O-1 visa has a path to permanent residency (green card) through the EB-1 green card category, which is also for individuals with extraordinary achievements. The EB-1 green card allows for self-petition without an employer or agent, but keep in mind that immigrant visa applications are typically subject to more scrutiny.
Another option is to wait until you receive a Green Card, as this allows for more flexibility in undertaking contract work. With a Green Card, you will have permanent resident status and can work in the US without the same restrictions that apply to non-immigrant visas.
In summary, while there are reports of international students working as independent contractors on F-1 visas, it is generally advised to obtain additional work authorization or pursue a different visa status, such as the O-1 visa or a Green Card, to ensure compliance with US immigration regulations.
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Frequently asked questions
International students with an F-1 visa in their first year of school cannot work as independent contractors or undertake freelance work. After the first year of school, students may be able to work as independent contractors or freelancers using the Optional Practical Training (OPT) extension. However, this work must be related to their field of study and cannot be used to work with multiple employers.
International students can apply for OPT through their college and start the application process up to 90 days before their first academic year ends. Students will also need to submit the required paperwork directly to U.S. Citizenship and Immigration Services (USCIS).
Students with an F-1 visa cannot undertake contract work through a company if they cannot maintain an employer-employee relationship. Additionally, students cannot work as independent contractors on an H-1B visa. Students must also ensure that their work does not violate any labour laws.
International students can work as volunteers, unpaid interns, researchers, or community service workers. Students can also look into the O-1 visa, which is reserved for aliens of extraordinary achievement.
