Hi everyone,
I’m an F1 student in my final semester and recently secured a job that involves contractor work. Since it’s my last semester, I understand I’m allowed to work full-time on CPT. However, I wanted to confirm if working as a contractor while on CPT is permitted, or if there are any specific restrictions or requirements I should keep in mind.
Would appreciate any insights or advice from those who’ve been in a similar situation!
Thanks in advance!
Congratulations on your job! Working as a contractor while on CPT (Curricular Practical Training) is possible, but there are specific considerations to keep in mind to ensure compliance with your F-1 visa status:
CPT is authorized for work that is directly related to your field of study and integral to your academic program.
The employment can be full-time or part-time, depending on your academic program and authorization.
Working as an independent contractor (e.g., receiving a 1099 tax form) might not align with CPT regulations, as CPT typically requires you to have an employer-employee relationship.
Many schools and immigration advisors interpret CPT as requiring a traditional employer-employee relationship. This means:
Your employer oversees your work.
You are on their payroll and receive a W-2 tax form.
You are not self-employed or working as an independent contractor.
Your university’s Designated School Official (DSO) must approve the CPT and issue an updated Form I-20. The CPT authorization should clearly indicate:
The specific employer’s name.
The job location.
The job’s start and end dates.
Your DSO might not approve CPT for independent contractor work, as it lacks the employer-employee relationship.
If you work as a contractor (1099) without proper authorization, it could be considered unauthorized employment, which can jeopardize your F-1 status.
Consult your DSO and confirm that your job arrangement meets CPT requirements.
If your work arrangement does not qualify for CPT, consider applying for Optional Practical Training (OPT), which allows more flexibility in employment types, including contractor roles.
Next Steps:
Discuss your specific situation with your DSO.
Review your job offer details to ensure they align with CPT requirements.
Consider transitioning to OPT after graduation for more flexibility.
Thank you very much for the detailed response. I have a couple of follow up questions regarding this. So I contacted my DSO recently and they said they were ok with an F1 receiving a 1099 tax form for work done during CPT, but like you said, all they wanted was that I had some kind of employer/ supervisor that I’d report to during my CPT. And my contract agreement did mention that I’d be reporting to the CEO. However my contract did also explicitly say that this would be an independent contractor role. So I’m kind of confused if I’m meeting the requirements of my school or not. Further clarifications from your side can really be helpful
Thank you