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Can I freelance or do 1099 contract work on OPT?

Yes. SEVP's official OPT policy guidance explicitly lists 'work for hire,' which it describes as 1099 employment 'where an individual performs a service based on a contractual relationship rather than an employment relationship,' as a valid type of post-completion OPT employment. The freelance or contract work must be directly related to your degree program and average at least 20 hours per week. Keep records of each contract, including its duration and the contracting company's name and address, in case DHS asks for evidence.

Watch out

On the STEM OPT extension, 1099/work-for-hire is far more constrained because a bona fide employer-employee relationship and an E-Verify employer are required, so confirm with your DSO before freelancing on STEM OPT.

Source: SEVP Policy Guidance 1004-03, Update to Optional Practical Training (Section 7.2.1), ICE.gov

Informational, not legal advice. Immigration rules change and individual cases differ. Confirm anything that affects your status with your school’s DSO or an immigration attorney before acting.

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