An immigration attorney explained how students can qualify for OPT as self-employed.
A student visa holder had to leave the US after losing their chance to work through the Optional Practical Training (OPT) program. Citing this case, immigration attorney John Khosravi said it only happened because students are not aware of the entire scale of the OPT program and that they do not need a traditional job to remain in the US.”I had a heartbreaking consult today. A former student visa holder left the US and lost their chance to work through OPT (Optional Practical Training) after graduation. Not because they did anything wrong. Just because they didn’t fully understand how OPT works,” the attorney shared in a LinkedIn post.”Here’s what most people miss: just because you can’t find a traditional job does not mean you can’t use OPT,” he wrote, adding that one can start and run a company if they do not find a traditional job.”During your first year of OPT, you are allowed to be self-employed. The work has to be legitimate, related to your field, and at least part-time, along with a few other requirements. If you’re graduating with a business degree, for example, you can start and run a company. You do not need a salary. You just have to genuinely be running a business,” he explained.
“Once that business is up and running, depending on your country of citizenship, you may be able to transition to an E-2 investor visa and remain in the United States indefinitely, as long as the business continues to operate successfully,” he added. “One graduation. One business. A potential path to long-term US residency. The rules are complex, and the cost of not knowing them is real,” his post said.”In this case, the client was hired by one of the companies he had reached out to, but after he left. He could have been self-employed, then moved onto that job. But by leaving and being unemployed so long, he lost the ability to use OPT,” Khosravi said.
What is OPT?
The OPT program allows international students (usually on F-1 visas) to work in their field of study for a limited time after or during their studies. This program can run for a year, and after that, STEM OPT students can get an extension of another two years.
What do you need to qualify for OPT as self-employed?
- F-1 student visa
- To be enroled full time for at least one academic year at a US institution
- You can start a business and be self-employed
- You have to actively work in the business and the business has to be directly related to your degree
- The business must be up and running even if you can’t show a salary
