STEM OPT- Working as independent contractor

[LauraMoon 0]

Hi Everybody,

 

First time user! I have a really specific question that I hope to get some light on:

 

I am an international student and I have been through OPT since early 2016 through early. I recently applied for a STEM OPT since I got hired by a company on E-verify. 

While I was on OPT I started working as Independent Contractor at another company where I was not getting paid for my work, but being offered a small percentage of the net sales once the product we are working on is released. This company is not E-Verified and has no plans to be in the system.

 

My question is this: Can I keep working for this company even though I am on a STEM OPT? Will this affect my ability to work with my actual employer? Even though I have discussed with them my fears they keep saying is ok to keep working for them. I do like the project even though I am not getting paid, but I don't want to do anything that may hurt my STEM OPT Has anyone been in the same situation? Any help will be very much appreciated!

Thanks in advance.

Edited January 30, 2017 by LauraMoon

[KurosawaSan 52]

STEM OPT conditions state that:

 

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Students authorized for an OPT STEM extension must work at least 20 hours per week for an E-Verify employer in a position directly related to each individual student’s STEM degree.

Working for a non-E-Verify employer puts you in violation of this request.

 

More details:

 

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For students who are on a STEM extension, this employment may include:

• Paid employment. All employment during the STEM extension must be paid employment. Volunteer experience does not count as employment for the purpose of maintaining F-1 status during the STEM extension.
• Multiple employers. Students may work for more than one employer, but all employment must be related to each individual student’s degree program and all employers must be enrolled in E-Verify.
• 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. The company for whom the student is providing services must be registered with E-Verify. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.
• Self-employed business owner. Students on a STEM extension can start a business and be self-employed. In this situation, the student must register his or her business with E-Verify and work full time. The student must 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.
• Employment through an agency or consulting firm. Students on a STEM extension may be employed by an employment agency or consulting firm. The employment agency or consulting firm must be registered with E-Verify, but the third parties contracting with the agency or firm (for which the student is providing services) need not be.