Question about working as an independent contractor as a student

[210far]

Hello, I'm a international student going to school in the US, currently at home, in Asia I finished my freshman year 2 years ago and took a leave of absence and stopped school to come back home and deal with some family issues. My F1 visa is currently expired so I don't even have a US visa. I am planning to go back to school, however, this fall (2022). I need to apply for my F1 visa soon.

I was wondering, with my current conditions(no f1 visa, remote work, currently in Asia), can I work as an overseas independent contractor for a startup, part time, remote, and get paid. Not and internship or a job.

I've been hearing it would be fine for me currently since I'm not a F1 student or on any visa.(or not..?) But if I get my F1 visa soon to return to school, would that change? Because I've been hearing that as an international student with an f1 visa, I can't work as an independent contractor.

Any help would be greatly appreciated. Thanks in advance.

[flyingron]

You can neither be self-employed on an OPT or do OPT other than with a valid F1 in the US. However, it seems that you aren't in the US anymore.
You can certainly work (subject to your home country's rules) for a US company either as an employee or a contractor from outside the US. I parked some of my Indian guys in commonwealth countries when we didn't get their H1B done before their OPT was up and let them work remotely.

[kiraswan]

Hello, I'm a international student going to school in the US, currently at home, in Asia I finished my freshman year 2 years ago and took a leave of absence and stopped school to come back home and deal with some family issues. My F1 visa is currently expired so I don't even have a US visa. I am planning to go back to school, however, this fall (2022). I need to apply for my F1 visa soon.

I was wondering, with my current conditions(no f1 visa, remote work, currently in Asia), can I work as an overseas independent contractor for a startup, part time, remote, and get paid. Not and internship or a job
I've been hearing it would be fine for me currently since I'm not a F1 student or on any visa.(or not..?) But if I get my F1 visa soon to return to school, would that change? Because I've been hearing that as an international student with an f1 visa, I can't work as an independent contractor.

Any help would be greatly appreciated. Thanks in advance.

Based on your situation, as long as you are outside the US and do not have an active F1 visa, working as an independent contractor should not be a problem as you are not subject to US immigration law.

However, once you get a new F1 visa and return to the US, the situation will change. International students on F1 are not allowed to work off-campus without special authorization (OPT, CPT). Working as an independent contractor (1099) is also considered a violation of F1 status because it is not an authorized form of employment for students.

If you have plans to work after returning to the US, it is worth consulting your DSO (Designated School Official) at the university to find out about legal opportunities such as OPT or CPT.

Good luck with your return to school!