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Answered August 2026

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 .

Nonresident alien for tax1040-NR

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).

Resident alien for tax1040

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.

Read the full explanation

Watch out for

The contract must fit OPTA 1099 label does not create work authorization. Before starting, make sure the duties directly relate to the degree that qualified you for OPT, the work falls within your EAD dates, and you can preserve the contract period plus the client’s name and address (ICE SEVP Policy Guidance 1004-03, §7.2.1; 8 CFR 214.2(f)(10)(ii)(A)).
Report the second jobAdd the self-employed/independent-contractor work in the ; anything you cannot report there must go to your DSO within 10 days. Keep a written explanation connecting the duties to your degree (DHS SEVIS Help Hub, updated April 28, 2025).
Tax status is separateF-1 immigration status does not by itself decide your . Qualifying student days generally are excluded for the first five calendar years; after that, apply the , subject to the narrow continued-student exception for someone who proves no intent to reside permanently and substantial compliance with status (IRS Publication 519; IRS Exempt Individual—Student).
No 1099 does not mean no taxFor payments made in 2026, $2,000 is the payer’s Form 1099-NEC reporting threshold, not your income-reporting threshold. You must report all contract income even if you receive no form (IRS information-return page, updated July 10, 2026; Taxpayer Advocate Service, updated February 20, 2024).
FICA is not income taxA qualifying nonresident F-1 student is generally exempt from Social Security and Medicare tax on authorized OPT wages, but that does not exempt the wages or contract profit from federal income tax. A resident alien normally becomes liable for payroll taxes and also for on qualifying net contract earnings (IRS foreign-student FICA page; Publication 519).
Estimated tax can come firstIf the 2026 Form 1040-ES or 1040-ES (NR) test shows a required payment, the regular dates are April 15, June 15, and September 15, 2026, and January 15, 2027. As of August 20, the next regular date is September 15; you may instead increase withholding from the full-time job by submitting a new Form W-4.
Do not sign the wrong payer formIf you are a nonresident alien for federal tax, IRS instructions say a foreign person may not provide Form W-9; the payer should use the appropriate Form W-8 or Form 8233, with Form 8233 used to claim an applicable treaty withholding exemption for personal services. This payer paperwork does not replace your annual return.
Two possible 1040-NR deadlinesFor a calendar-year nonresident with wages subject to U.S. income-tax withholding, the 2026 return is due April 15, 2027. If you received no wages subject to that withholding, the Form 1040-NR deadline is June 15, 2027 (2025 Instructions for Form 1040-NR, ‘When and Where Should You File?’).

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

Valid EAD covering every work date
Written contract with start/end dates and client name/address
Plain-English duty-to-degree explanation
Any business license required where you operate

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

Client or business name
Work location
Contract start date
Degree-relation description

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

Every calendar year with any F/J/M/Q presence
Your U.S. presence days for 2026, 2025, and 2024
Any prior teacher/trainee/student exempt years

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

Contract and invoices
Payment records, even without a tax form
Receipts for eligible business expenses
Your federal tax-residency result

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

Expected contract income and expenses
Expected W-2 withholding
2025 total tax from your prior return, if any

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

Form W-2
Every Form 1099-NEC or Form 1042-S received
Complete income and expense records
Form 8843 data if student days were excluded

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.

 ICE SEVP Policy Guidance 1004-03

§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.

Read the full text

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.

 DHS SEVIS Help Hub—OPT Employer

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

Read the full text

IRS Publication 519 (2025)

IRS Publication 519 supplies the first-five-years rule and the nonresident return requirement.

 IRS Publication 519 (2025)

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.

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IRS Exempt Individual—Student

After five calendar years the student-day exclusion narrows, and anyone excluding student days must file Form 8843.

 IRS Exempt Individual—Student

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.

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IRS Substantial Presence Test

This is the formula used after noncounted student days and other exclusions are removed.

 IRS Substantial Presence Test

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.

Read the full text

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.

 2025 Instructions for Form 1040-NR

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.

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Schedule C (Form 1040)

Schedule C is the form for the contract business’s income or loss.

 Schedule C (Form 1040)

Use Schedule C (Form 1040) to report income or loss from a business you operated or a profession you practiced as a sole proprietor.

Read the full text

2025 Instructions for Schedule SE (Form 1040)

A tax-resident contractor reaches the Schedule SE filing rule at $400 on Schedule SE line 4c.

 2025 Instructions for Schedule SE (Form 1040)

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.

Read the full text

IRS Publication 519 (2025)

Nonresident and resident aliens have different self-employment-tax treatment, with a totalization-agreement exception.

 IRS Publication 519 (2025)

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.

Read the full text

2026 Form 1040-ES

The 2026 estimated-tax package gives the general $1,000 test, installment dates, and the option to increase wage withholding.

 2026 Form 1040-ES

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

Read the full text

2026 Form 1040-ES (NR)

Nonresident aliens use the NR estimated-tax package, which supplies their 2026 payment schedule.

 2026 Form 1040-ES (NR)

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

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Taxpayer Advocate Service—Gig Worker Forms

The absence of a 1099 does not remove the contractor’s income-reporting duty.

 Taxpayer Advocate Service—Gig Worker Forms

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.

Read the full text

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.

 IRS Form 1099 Information-Return Requirements

For payments made in 2026, the reporting threshold is $2,000.

Read the full text

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.

 IRS Foreign Student FICA Rules

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.

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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.

 Instructions for the Requester of Form W-9 (03/2024)

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.

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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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