An immigration lawyer explained how students can qualify for practical apprenticeships as freelancers.
The student visa holder had to leave the United States after losing his opportunity to work through the Optional Practical Training (OPT) program. Citing the case, immigration attorney John Khosravi said it only happened because the students are not aware of the full size of the OPT program and that they do not need a traditional job to remain in the United States.“I received a heartbreaking consultation today. A former student visa holder left the US and lost their opportunity to work through OPT (Optional Practical Training) after graduation. Not because they did anything wrong. Just because they did not fully understand how OPT works,” the attorney shared in a LinkedIn post.“Here’s what most people miss: Just because you can’t find a traditional job, doesn’t mean you can’t use OPT,” he wrote, adding that one can start and run a business if they can’t find a traditional job.He explained: “During the first year of your studies in the occupied Palestinian territories, you are allowed to work for yourself. The work must be legitimate, related to your field of work, and at least part-time, along with some other requirements. If you graduate with a degree in business administration, for example, you can create a company and run it. You do not need a salary. All you have to do is run a business for real.”
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“Once this business is up and running, depending on your country of citizenship, you may be able to transition to an E-2 investor visa and remain in the United States indefinitely, as long as the business continues successfully,” he added.
“One graduation. One job. Potential path to long-term residency in the US. The rules are complex, and the cost of not knowing them is real,” his post read.“In this case, the client was hired by one of the companies he contacted, but after he left,” Khosravi said. “He could have been self-employed, and then moved on to that job. But by leaving and being unemployed for so long, he lost the ability to use the occupied Palestinian territory.”
What are the occupied Palestinian territories?
The OPT program allows international students (usually on F-1 visas) to work in their field of study for a limited time after or during their studies. This program can last for a year, and after that, STEM OPT students can get an extension for another two years.
What do you need to qualify for OPT as a self-employed worker?
- F-1 student visa
- Be enrolled full-time for at least one academic year at a US institution
- You can start a business and become self-employed
- You must be actively working in business and the work must be directly related to your degree
- The business must be existing and active even if you cannot show salary
