Should You Avoid Working as an Independent Contractor While on OPT or STEM OPT?

🚨 Yes, it’s generally safer to avoid independent contracting (1099 work) while on OPT or STEM OPT.

Here’s why:

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🔹 Why 1099 Contract Work is Risky on OPT & STEM OPT

1️⃣ 1099 Work is Allowed on OPT, But With Risks

✔ You can work as a 1099 independent contractor while on OPT if:

• The work is directly related to your degree field.

• You work at least 20 hours per week to meet OPT requirements.

• You maintain detailed records of your work.

❌ BUT:

• USCIS may flag 1099 work as unauthorized self-employment.

• No employer is overseeing your work, which could cause compliance issues.

• If you apply for H-1B or a Green Card later, past 1099 work might raise red flags.

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2️⃣ 1099 Work is NOT Allowed on STEM OPT

🚨 STEM OPT strictly requires a formal employer-employee relationship (W-2 employment).

✔ Your employer must:

• Be E-Verified.

• Supervise and train you under Form I-983 (Training Plan).

• Provide structured learning opportunities.

❌ 1099 work (contracting, freelancing, self-employment) does NOT meet these USCIS requirements.

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🔹 What’s the Best Work Setup for OPT & STEM OPT?

✅ OPT: W-2 job preferred, but 1099 is possible if related to your field and meets USCIS guidelines.
✅ STEM OPT: Only W-2 employment with an E-Verified employer is allowed.
❌ Avoid: Gig work, freelance, self-employment, and 1099 contract roles.

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🔹 Final Advice

🚀 If you're on STEM OPT, avoid 1099 work completely.
🚀 If you're on OPT, it's safer to stick with W-2 jobs.
🚀 Plan for long-term work authorization (H-1B, Green Card) to avoid issues.

📌 Need help understanding your best work options? 😊