Yes—you may add a 1099 contract on non-STEM OPT if it directly relates to your degree and stays within your OPT authorization, and you must report its income on the federal return required by your tax-residency branch.
“I am on non-STEM OPT and have a full-time job. What are the tax filing requirements if I also take on a 1099 contract job?”
Summary
A side contract is manageable on standard OPT: the 1099 label is allowed, but the work must be degree-related and reported. The tax work is also manageable once you place yourself in the nonresident or resident branch and pay during the year if needed.
Your immigration rule is the same in both cases, but your federal return and Social Security/Medicare treatment fork according to your .
File Form 1040-NR and attach for the contract business; attach Form 8843 whenever you exclude F-student days. Report the W-2 wages and all contract income. You generally do not owe unless a places you under the U.S. Social Security system; if it does, attach Schedule SE (IRS Publication 519; 2025 Instructions for Form 1040-NR).
File Form 1040 with , combining your wage and contract information on the same federal return. File Schedule SE and pay if Schedule SE line 4c is $400 or more; resident aliens follow the same self-employment-tax rules as U.S. citizens (2025 Instructions for Schedule SE; IRS Publication 519).
After more than five calendar years, you may still exclude student days only if you satisfy the IRS’s narrow no-permanent-residence-intent and status-compliance exception; otherwise use the substantial-presence calculation.
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Next steps
These steps keep the side work authorized, reported, paid during the year, and filed on the correct federal return.
Before doing any work
Confirm the contract qualifies for OPT
Accept the work only if its duties directly relate to the degree that qualified you for OPT and every work date is inside the EAD period. Keep the contract and degree-relation explanation because DHS may request them; use the official standard-OPT rule at https://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_042010.pdf.
Requirements
Within 10 days of starting
Report the contract through SEVP
Enter the self-employed/independent-contractor work in the . Send anything the portal does not accept to your DSO within 10 days; the official reporting page is https://studyinthestates.dhs.gov/sevis-help-hub/student-records/fm-student-employment/f-1-add-edit-delete-optional-practical.
Requirements
Before giving the client tax paperwork
Determine your 2026 federal tax residency
If you qualify to exclude F-student days, the first five calendar years generally do not count and you file Form 8843. After that, use the : at least 31 days in 2026 and 183 weighted days across 2026/2025/2024, counting all 2026 days, one-third of 2025 days, and one-sixth of 2024 days, after permitted exclusions. Use https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test and attach Form 8843 whenever you exclude student days.
Requirements
Before the first payment
Give the client the correct tax status and keep records
If you are a nonresident alien for tax, do not certify Form W-9; IRS instructions direct a foreign person to the appropriate Form W-8 or Form 8233, and Form 8233 applies when claiming a treaty withholding exemption for personal services. Regardless of whether the client issues a form—the 2026 payer threshold is $2,000—record every payment and eligible expense for .
Requirements
Next regular date: September 15, 2026
Cover any 2026 estimated tax
Use 2026 Form 1040-ES if resident or Form 1040-ES (NR) if nonresident. The general trigger is an expected balance of at least $1,000 after withholding/refundable credits plus the form’s withholding safe-harbor test; regular dates are April 15, June 15, and September 15, 2026, and January 15, 2027. You can instead submit a new Form W-4 to your full-time employer to increase federal withholding. Forms: https://www.irs.gov/pub/irs-pdf/f1040es.pdf and https://www.irs.gov/pub/irs-pdf/f1040esn.pdf.
Requirements
Generally by April 15, 2027
File the 2026 federal return
Nonresident branch: file Form 1040-NR plus , attach Form 8843 when excluding student days, and attach Schedule SE only if a places the work under U.S. Social Security. Resident branch: file Form 1040 plus and file Schedule SE when line 4c is $400 or more. Include the W-2 wages and all contract income on the same federal filing package. If you are nonresident and had no wages subject to U.S. income-tax withholding, the deadline is June 15, 2027 instead.
Requirements
Legal sources
This answer rests on DHS/ICE OPT guidance, the current federal regulation, and IRS forms, instructions, and alien-tax guidance.
ICE SEVP Policy Guidance 1004-03
Regular OPT permits work-for-hire/1099 arrangements, but the work must relate to the student’s degree and the student must retain contract evidence.
§7.2.1, page 17
All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program. Work for hire. This is also commonly referred to as 1099 employment, where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, the student must be prepared to provide evidence showing the duration of the contract period and the name and address of the contracting company.
DHS SEVIS Help Hub—OPT Employer
DHS recognizes independent-contractor reporting on OPT and sets the 10-day DSO deadline for changes not reported in the portal.
Anything the student cannot or does not report via the SEVP Portal, must be reported to their designated school official (DSO) within 10 days. Self-employed, Independent Contractor
IRS Publication 519 (2025)
IRS Publication 519 supplies the first-five-years rule and the nonresident return requirement.
Students and Exchange Visitors
You do not have to count the days you were present in the United States as a student during the first 5 years in determining if you are a resident alien under the substantial presence test. You must file Form 1040-NR if you are engaged in a trade or business in the United States, or have any other U.S. source income on which tax was not fully paid by the amount withheld.
IRS Exempt Individual—Student
After five calendar years the student-day exclusion narrows, and anyone excluding student days must file Form 8843.
You will not be an exempt individual as a student if you have been exempt as a teacher, trainee, student, Exchange Visitor, or Cultural Exchange Visitor on an "F, " "J, " "M, " or "Q " visa for any part of more than 5 calendar years, unless you establish to the satisfaction of the IRS that you do not intend to reside permanently in the United States, and you have substantially complied with the requirements of your nonimmigrant status. If you qualify to exclude days of presence as a student, you must file a fully-completed Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition with the IRS.
IRS Substantial Presence Test
This is the formula used after noncounted student days and other exclusions are removed.
To meet this test, you must be physically present in the United States (U.S.) on at least: 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: All the days you were present in the current year, 1/3 of the days you were present in the first year before the current year, and 1/6 of the days you were present in the second year before the current year.
2025 Instructions for Form 1040-NR
A nonresident engaged in a U.S. business files Form 1040-NR, uses Schedule C for business gross income, and—when wages were subject to withholding—files by the fourth-month deadline.
Filing Requirements; When and Where Should You File?
You were a nonresident alien engaged in a trade or business in the United States during 2025. Gross income from a business means, for example, the amount on Schedule C (Form 1040), line 7; or Schedule F (Form 1040), line 9. If you were an employee and received wages subject to U.S. income tax withholding, file Form 1040-NR by the 15th day of the 4th month after your tax year ends. A return for the 2025 calendar year is due by April 15, 2026. If you did not receive wages as an employee subject to U.S. income tax withholding, file Form 1040-NR by the 15th day of the 6th month after your tax year ends.
Schedule C (Form 1040)
Schedule C is the form for the contract business’s income or loss.
Use Schedule C (Form 1040) to report income or loss from a business you operated or a profession you practiced as a sole proprietor.
2025 Instructions for Schedule SE (Form 1040)
A tax-resident contractor reaches the Schedule SE filing rule at $400 on Schedule SE line 4c.
Who Must File Schedule SE
You must file Schedule SE if: • The amount on line 4c of Schedule SE is $400 or more, or • You had church employee income of $108.28 or more. You must pay SE tax if you had net earnings of $400 or more as a self-employed person.
IRS Publication 519 (2025)
Nonresident and resident aliens have different self-employment-tax treatment, with a totalization-agreement exception.
Self-Employment Tax
Nonresident aliens are not subject to self-employment tax unless an international social security agreement in effect determines that they are covered under the U.S. social security system. Resident aliens must pay self-employment tax under the same rules that apply to U.S. citizens.
2026 Form 1040-ES
The 2026 estimated-tax package gives the general $1,000 test, installment dates, and the option to increase wage withholding.
Who Must Make Estimated Tax Payments; Payment Due Dates
In most cases, you must pay estimated tax for 2026 if both of the following apply. 1. You expect to owe at least $1,000 in tax for 2026, after subtracting your withholding and refundable credits. 2. You expect your withholding and refundable credits to be less than the smaller of: a. 90% of the tax to be shown on your 2026 tax return, or b. 100% of the tax shown on your 2025 tax return. If you also receive salaries and wages, you may be able to avoid having to make estimated tax payments on your other income by asking your employer to take more tax out of your earnings. To do this, file a new Form W-4, Employee’s Withholding Certificate, with your employer. 1st payment . . . April 15, 2026 2nd payment . . . June 15, 2026 3rd payment . . . Sept. 15, 2026 4th payment . . . Jan. 15, 2027
2026 Form 1040-ES (NR)
Nonresident aliens use the NR estimated-tax package, which supplies their 2026 payment schedule.
Purpose of This Package; Payment Due Dates
Generally, if you’re a nonresident alien, use this package to figure and pay your estimated tax for 2026. 1st payment . . . Apr. 15, 2026 2nd payment . . . Jun. 15, 2026 3rd payment . . . Sep. 15, 2026 4th payment . . . Jan. 15, 2027
Taxpayer Advocate Service—Gig Worker Forms
The absence of a 1099 does not remove the contractor’s income-reporting duty.
Even if you don’t receive a form reporting income paid to you during the tax year, you should report the income on your tax return. Remember that you’re responsible for reporting all your income no matter the threshold amount required for issuance of the form.
IRS Form 1099 Information-Return Requirements
The $2,000 figure is the payer’s 2026 information-return threshold, not an income exclusion for the worker.
For payments made in 2026, the reporting threshold is $2,000.
IRS Foreign Student FICA Rules
The FICA exemption for qualifying nonresident F-1 students applies only to authorized services carried out for the visa’s purpose.
These nonresident alien students are exempt from Social Security Tax and Medicare Tax on wages paid to them for services performed within the U.S. To qualify for the exemption, the services performed need to be allowed by USCIS for these nonimmigrant statuses, and such services are performed to carry out the purposes for which such visas were issued to them.
Instructions for the Requester of Form W-9 (03/2024)
A tax nonresident must not certify U.S.-person status on Form W-9; the payer must use the appropriate foreign-payee form.
A foreign person, including a U.S. branch of a foreign person that is treated as a U.S. person under Regulations section 1.1441-1(b)(2)(iv) or a foreign branch of a U.S. financial institution that is a QI, may not provide a Form W-9. Advise foreign persons to use the appropriateForm W-8 or Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual.
These are the official rules as published on the cited dates; immigration and tax rules can change.
This is general information about official processes, not legal advice; SettleKit is not a law firm.
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