Immigrant Daily

Working while on F-1 Visa

Here is a brief summary of international F-1 student employment regulations.  I hope that you all find it helpful.

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The F-1 student employment regulations state that students are no allowed to be employed during their first academic year, except for on-campus work which can begin as soon as the student is admitted in F-1 status.  The on-campus employment is limited to work performed on school premises or at an off-campus location that is academically affiliated with the school.  While school is in session, the student is limited to 20 hours/week.  After 1st year, a student in good standing may obtain employment off-campus as determined by a Designated School Official if:

1. Severe Economic Hardship.  If the student is faced with severe economic hardship caused by unforeseen circumstances beyond the student’s control, the student may be able to work off campus with DSO’s permission.  The student must maintain good academic standing and be a full time student.  The student will be limited to working only 20 hours/week while the school is in session.  A student granted permission may work full time during holidays or school vacations.
2. Internship with International Organization.  If the student is offered employment by a recognized international organization can work off-campus after filing form I-765 with a fee at the service center.  The student must obtain a written certification from employer that the work is within the scope of the organization sponsorship and must submit SEVIS I-20 ID endorsed by the Designated School Official with the completed I-765.
3. Employment Due to Emergent Circumstances.  If the Secretary of DHS may suspend all or some of the requirements for on- and off-campus employment via a notice in the Federal Register.  This is discretionary and does not occur often.

Here are some popular questions that come up with respect to student employment while on an F-1 visa:

Q.    Can I start my own business and work from my dorm?
A.    This depends on whether or not your business would qualify for “on-campus employment.”  The regulations state that commercial firms that do not provide student services are exempt from on-campus employment, and so they cannot employ F-1 students.  However if your business is providing a service to the students, such as a website selling used books, you may be able to argue that it is qualified on-campus employment and you could arguably work from your dorm.

Q.    Can I sell things that I make?
A.    You cannot sell things that you make for the purpose of selling it to others.

Q.    Can I sell my time?
A.    No, being compensated for off-campus activities would probably be considered employment.  Whether or not you are actually “employed” by the person paying you.

Q.    Can I volunteer at an off-campus company if I don’t get paid?
A.    This is usually not a good idea, because the government position to this in the past has been that this would constitute off-campus employment.  This government stance is supported by past court decisions.