For assistance in understanding OPT Employment Types, please consult our STEM OPT resources available at this link: STEM OPT Extension | International Student and Scholar Services.

Requirements

1. Employment must align with the student’s designated field for which OPT approval was granted (specified on the I-20 form).
2. A minimum of 20 hours per week is required (for regular post-completion OPT).
3. Employment can be either paid or unpaid, provided the unpaid work adheres to labor laws. The Department of Labor’s Wage and Hour Division is responsible for regulating labor laws.

OPT Employment Types

• Regular paid employment: This involves working in a position directly related to the student’s program of study. Students can work for multiple employers as long as the work is directly relevant to their program of study.
• Payment by multiple short-term employers: Students in fields like music and performing arts may work for multiple short-term employers (gigs). They should maintain a record of all gigs, including dates and durations.
• Work for hire: Also known as 1099 employment, this involves providing services based on a contractual relationship rather than an employment one. Students should be ready to provide evidence of contract durations and the contracting company’s details if requested by DHS.
• Self-employment: Students on OPT can start their own businesses and be self-employed. They must demonstrate they have the necessary business licenses and are actively engaged in a business related to their degree program.
• Employment through an agency: Students on post-completion OPT must provide evidence of working an average of at least 20 hours per week while employed by the agency.
• Volunteers or unpaid interns: Students can work as volunteers or unpaid interns, provided it complies with labor laws. The work should be at least 20 hours per week for post-completion OPT. Documentation from the employer should verify the weekly hours worked.

Related Post: Filing Taxes for OPT Students: A Guide for Those with No Income

FAQ:

Q: Can I do internships or volunteer work on OPT? Will it stop me from accruing OPT unemployment days?
A: It’s possible to engage in internships and volunteer work on OPT as long as it’s related to your major and you work at least 20 hours per week. This work counts as OPT employment, and you won’t accumulate OPT unemployment days. However, ensure the volunteer work adheres to US labor laws and document it carefully.

Q: Can I volunteer without pay for a GT professor to help avoid accruing OPT unemployment days?
A: You can participate in unpaid roles for OPT as long as they comply with US laws, including the Fair Labor Standards Act. Contact Georgia Tech’s Human Resources Service Now for approval before starting any volunteer projects during your practical training experience.

Which documents should I have to prove that I have been employed?

1. Copies of employment offer letters and contracts with all OPT employers, detailing commencement and termination dates.
2. Copies of job specifications containing job titles, responsibilities, site, wage rate, and proposed weekly working hours.
3. If employed by an agency or consultancy, retain proof of the projects undertaken.
4. Retain copies of payment vouchers or stubs for every employment period.
5. Preserve copies of bank statements demonstrating direct or corresponding deposits from employer(s).
6. Copies of W-2 tax forms.

If you participate in unpaid employment during OPT, we suggest you to keep the documentation:

1. Copies of employment agreements or contracts with the employer, encompassing commencement and conclusion dates, training method (on-site, virtual, etc.), and internship/unpaid training site for each employer.
2. Copies of all diplomas, certificates of completion, and/or relevant certifications attained from the designated training programs.
3. For unpaid employment or training conducted for a third-party entity, maintain copies of the projects/contracts undertaken.
4. Copies of company time and attendance records detailing your daily responsibilities for all employers during the unpaid internship or training.

Related Post: After OPT expires, how long can you stay in the United States? How is the grace period calculated?

Related Post: Avoiding Denial in Your OPT and STEM OPT Extension Applications