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  • Please Help - Opt Questions

    Hello all,

    First of all I would like to thank everyone that helped build this website. I just found out about it and it seems to be really helpful.

    I am writing here today in regards to my OPT. I am 14 days in my 12 months so the clock has already started ticking. My first and most important question is in regards to self-employment.

    How does that work? To be more specific, I recently graduated with a certificate on General Entertainment Studies. That is Film, TV and Digital Media. How would self-employment in that field work? Can I declare that I am self-employed without any actual proof of employement? Would I have to start a company? If so, what kind of company could that be? Are there any restrictions?

    I am thinking that self-employment can mean many things. If there is such an option, then the 90 days unemployment rule is in a way useless. Anybody could say that he/she is self-employed and take the time to actually look for a job.

    Hopefully, I am going to find a job before my 90 days are over but these are some things I would really like to know in advance. If there is some paperwork or process that needs to be done in advance, I would like to know about it - better safe than sorry.

    Second question - what kind of job can I get? Like I said, my certificate is very general. I have a business background, so I was thinking that maybe I could try and get a job in marketing. Marketing is in a way related to entertainment but I am being told it's a gray area.

    The reason I am asking these questions is that even though our international student advisors can be really helpful - they deal with so many students coming from different backgrounds and I guess they just give us a summary of the rules. They were unable to give me specific answers to those questions. I was told that I could try getting any job and then find a way to link it to my field of study - but then if they check on me I might get in trouble so I am a bit confused.

    Any help would be greatly appreciated. If you need any more information about me - please let me know.

    Thank you so much in advance.

  • #2
    Self employment, though allowed on OPT, will become tough to prove in case USCIS questions it or the nature of work being performed in the field of study.

    If you are employed by some firm XYZ, it will be a third party verifying that you are employed that has no interest in your immigration matters while the owner i.e you, has full interest in your own immigration. Anything from you to USCIS has to be substantial to prove that it is true and they can toss it out as well.

    I am hoping you get the point. Best is to find a job related to your field in some fashion and use your OPT. Don't look for ways to get around the law.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Hello Txh1b,

      Thank you for your reply. I researched it and found that self-employment is allowed on OPT. The main question is what does self-employment mean?

      I understand what you are saying. It's hard to prove that I am not doing it solely for the purposes of immigration, however, I have to consider doing it as a last resort should I not be able to get a job.

      Could you please tell me some more stuff regarding this so called self-employment? Do I have to start an actual company or could I maybe say that I am trying to produce a film for example? How does it work? What's the catch (other than the fact that USCIS won't like it)? Is there anything I can do to ensure that I stay within the guidelines so that I am not "illegal"?

      Thanks in advance. Like you said I'll try to avoid it. I won't use it unless there is no other way.

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