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.

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