Types of Employment Allowed while on Post-Completion OPT

All OPT employment, including post-completion OPT employment, is required to be related to the student’s program of study. The following list describes acceptable forms of employment: 

• Paid employment--Students may work part time (at least 20 hours per week when on post-completion OPT) or full time.

• Multiple employers--Students may work for more than one employer, but all employment must be related to each individual student’s program of study.

• Short-term multiple employers (performing artists)-- Students, such as musicians and other performing artists, may work for multiple short term employers (gigs). The students must maintain a list of all gigs, the dates, and the duration. 

• Work for hire This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employer-employee relationship. If requested by the Department of Homeland Security, students should be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.

• Self-employed business owner-- Students on OPT may start a business and be self-employed. The student must be able to prove that they have the proper business licenses and are actively engaged in a business related to their program of study.

• Employment through an agency or consulting firm-- Students on post-completion OPT must be able to provide evidence showing that they worked an average of at least 20 hours per week while being employed by the agency.

• Unpaid employment-- Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. A student must be able to provide evidence, acquired from the student’s employer, to verify that they worked at least 20 hours per week during the period of employment. 

Please note:  STEM OPT extension rules and responsibilities are more extensive than the list above. Please see the STEM information.

Documenting Your Employment

During your OPT/ STEM OPT experience, you may find it beneficial to document your employment it is needed for a future immigration status or benefit. You do not need to provide this documentation to the HIO but you may wish to keep record for your personal files.  Below are examples. Please note that this is not an exhaustive list. 

• Letters of employment showing job titles, duties, location, pay rate, and number of hours worked. 
• Bank statements showing payment from your employer 
• Paystubs, W-2s, equity, stock options, other forms of compensation 
• Documentation showing that you have not exceeded unemployment time. 
• Proof that the job duties are related to your degree program.

For those who are self-employed or working on your own start up, you may also wish to consider maintaining documentation showing: 
• Business licenses showing you as an employer; 
• Federal Employer Identification Number (EIN); 
• Incorporation documents 
• Bank account for your business