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Can a C-Corp hire F1 OPT candidate for a no-salary equity only position?

First, remember that the optional practice training (OPT) must relate to the student’s program of study and can occur either before (pre-completion OPT) or after the completion of a program of study (post-completion OPT).

Next, you have to determine if the student is pre- or post-completion OPT; there are different guidelines for each situation. For students participating in pre-completion OPT may not work more than 20 hours a week while school is in session. On the other hand, students participating in post-completion OPT may work full-time.

In terms of compensation, a student doing OPT on a F-1 visa may hold equity in a startup. You just need to make sure that startup you are about to join will be able to show a employer-employee relation and that it relates to the student’s program of study.

You should stop by LawTrades. We routinely assist business owners deal with the complexity of business immigration law. Our legal platform offers free price quotes and consultations so check us out.

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