I have been self-employed, working on OPT during the first 12-month period. I am about to submit my application for an extension based on my STEM degree. Can I continue to be self-employed? I am registered in E-verify.

Answer

While, in the past, the USCIS has not been clear specifically about whether self-employment is one of the permitted types of employment during the STEM OPT extension, under the new rule that goes into effect on May 10, 2016, self-employment during STEM OPT will not be permitted. The USCIS has stated that, because of the requirement of a valid employer-employee relationship, a student will not be able to provide employer attestations on his/her own behalf as an owner of his own company, under the new rule. (28.Mar.2016)

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