F1 OPT freelance work requirements

COVID-19 brought a change in terms of how people are employed as well. Instead of hiring full-time workers, employers tend to hire more part-time employees than they did in the past to maximize flexibility in employment. Especially if you are a music/art graduate, it would be more common for you to have a service-based contractual relationship with your employer rather than an employment relationship.

International students might wonder if they are allowed to work as a freelancer through OPT. In this post, I am going to share F1 OPT freelance work requirements, COVID-19 updates on employment regulations as well as some useful tips for OPT job seekers.

Disclaimer: SEVIS SAVVY delivers information based on the visa/immigration regulations and this is no legal advice by any means. Since institutional policies may vary, getting the confirmation from your international student advisor will be helpful to ensure that you comply with institutional policies and processes.

Contents

• Case study scenario
• The answer based on the regulations is
• COVID-19 updates on employment regulations
• Useful tips for OPT job seekers

Case study scenario

I have a job interview scheduled tomorrow and they need me to work as a freelance designer which might get converted into full time work eventually. Am I allowed to work as a freelance designer?

The answer based on the regulations is…

ICE (US Immigration and Customs Enforcement) considers the following activities as valid forms of employment on both pre-completion and standard post-completion OPT, given that the position is directly relates to student’s field of study. Thus, an OPT participant who engages in such activities listed in SEVP OPT Policy Guidance 1004-03 (2010) is not considered unemployed.

• Payment by multiple short-term multiple employers
  • SEVP says that “Students, such as musicians and other performing artists, may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration.”
• Work for hire
  • SEVP says, “This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students should be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.”
• Employment through an agency
  • SEVP says, “Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency.”
• Volunteers or unpaid interns: Standard OPT
  • SEVP OPT Policy Guidance states that, “Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws. The work should be at least 20 hours per week for students on post-completion OPT. A student should be able to provide evidence, acquired from the student’s employer, to verify that he or she worked at least 20 hours per week during the period of employment.”

Therefore, whether the job lined up is internship position, freelancing or part time position, you are still allowed to work through OPT. It is good practice to keep your own detailed records of the employer information, hours per week, etc and update the portal accordingly to not accrue unemployment days.

COVID-19 updates on employment regulations

It is worth to mention that original OPT rules require post completion OPT participants to work for at least 20 hours per week:

• Regular paid employment 
  • For post-completion OPT, the work must be for at least 20 hours per week
  • Students may work for multiple employers, as long as it is directly related to the student’s program of study

However, this will not be the case during the COVID-19 emergency:

Must students cease engaging in OPT if they are now working fewer than 20 hours a week due to the economic impacts of COVID-19?
For the duration of the COVID-19 emergency, SEVP considers students who are working in their OPT opportunities fewer than 20 hours a week as engaged in OPT.

FREQUENTLY ASKED QUESTIONS FOR SEVP STAKEHOLDERS ABOUT COVID-19

Related blog posts: Work from home OPT, CPT and electronic I-20

Useful tips for OPT job seekers

Last but not least, if you got an internship and would like to turn this great opportunity into a full-time job, please take a moment to read this article from ICAway.com. ICAway is an educational consulting firm based out of Chicago and Kwan Segal, the CEO and Founder of ICAway, is an experienced human-capital consultant. Under the same vision which is empowering international students, ICAway focuses on building networking and career branding strategies for students, while SEVIS SAVVY focuses on delivering F and J visa-specific information including OPT/ CPT and U.S. higher education news.

Therefore, to keep abreast of the latest updates and news regarding nonimmigrant visas and to learn job-related skills, it is highly advisable to follow these two international student-focused websites. Among many information-packed articles, A checklist to help you convert an internship to a full-time job shares coach Kwon’s insights on how to convert internship opportunities to full-time employment.

To conclude, international students who have the authorization to work through OPT can engage in internships and freelancing opportunities or work with multiple employers as long as the position is directly related to the filed of study. Normally OPT participants are required to work at least 20 hours per week but this requirement will not be applied during COVID-19 emergency. Don’t forget to check out the ICAway blog for job-specific information for international students.

More OPT case studies as well as OPT information and updates, that all OPT students should not miss, can be found on the OPT page. For STEM OPT information, click the STEM OPT page.