Please see ICE's position on type of qualifying employment under OPT as amended on April 2009, previously issued in 2008. [HIGHLY RECOMMENDING READING Page 17, 18, 19 and 20 of the SEVP Policy Guidance 0801-02, Updates to Post-Completion Optional Practical Training. Complete Guidance available at: Complete Guidance available at: http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_04062009.pdf

GOOD LUCK EVERYONE.

SUMMARY OF TYPES OF EMPLOYMENT

7.2. Employment allowed while on OPT

7.2.1. What types of employment are allowed for regular pre- and post-completion OPT? (New or Revised)

All OPT employment, including post-completion OPT, is required by 8 CFR 214.2(f)(10)(ii)(A) to be in a job that is related to the student’s degree program.

For students who are not on a STEM extension, this employment may include:

• 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 degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours.
• Short-term multiple employers (performing artists). 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. 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. (This is also known as working as an individual consultant)
• Self-employed business owner. Students on OPT may start a business and be self-employed. The student should be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program. To form a business check with your local city office :-)
• Employment through an agency or consulting firm. Students on post-completion OPT should be able to provide evidence showing they worked an average of at least 20 hours per week while 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 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.

How do students show that employment is directly related to their degree programs?

SEVP recommends that students maintain evidence — for each job — of the position held, proof of the duration of that position, the job title, contact information for the student’s supervisor or manager and a description of the work. If it is not clear from the job description that the work is related to the student’s degree, SEVP highly recommends that the student obtain a signed letter from the student’s supervisor or manager or the employer’s hiring official stating how the student’s degree is related to the work performed.

not a legal advise, please consult with an attorney for accuracy :-)