Working on contracts as a non resident after school

Can you work on contracts in the US after your master’s?

Yes and no. And, usually, the answer is no.

As many visa classes and extensions require an employer-employee relationship, it’s tough to secure a visa and remain in status while working on contracts.

Although there are exceptions, only the Green Card and the 12-month initial OPT extension of the F-1 student allows for contract work.

Those pursuing the additional STEM extension or applying for an H-1B work visa, will only be able to accept contract work through a company with which they can maintain an employer-employee relationship.

Don’t worry; it’s not as complicated as it sounds. Let’s break it down. 

Can you work on contracts on the STEM OPT extension?

Graduates with qualifying STEM degrees who wish to apply for the additional 24 months of employment won’t be able to continue working freely on contracts after the initial 12 months of their OPT.

The STEM extension requires each employer to:

• Register on the USCIS E-Verify system.
• Submit the I-983 Training Plan.

The I-983 Training Plan must show:

• How work relates to the employee’s STEM degree.
• That compensation meets industry and regional standards.
• A verifiable employer-employee relationship.

The employer-employee relationship for purposes of the STEM OPT is understood as one where the employer provides training, guidance, supervision and remuneration. Legally, these provisions can’t be undertaken by clients or customers of the employer.

As such, work for a third party is prohibited, except where the employer-employee relationship is verified by USCIS, which is done on a case-by-case basis.

Of course, you can work on projects for your employer’s clients, but you’ll want to pay attention to the distinctions the US government makes:

• If you work at your employer’s place of business under direct supervision by your employer, you are compliant with the terms of your visa.
• If you work at the place of business of one of your employer’s customers, the USCIS must verify that your training and supervision is not handled by this third party. (If your employer’s client supervises you, then you’re in breach of your visa.)
• If you’re supervised by a client or customer of your employer, you’re in breach of your visa.

So, while it’s not impossible to undertake contract work on the STEM OPT, it’s exceptionally difficult given the restrictions placed on employers by USCIS. It’s unlikely that international graduates - and their employers - will be able to meet all the criteria to make short-term contract work a reality on the STEM OPT.