Is This Allowed? Employment Gray Areas as an F-1 Student
Source: https://iss.washington.edu/employment-gray-areas/ Parent: https://iss.washington.edu/
ISS advisors receive questions every quarter about employment for which there are no straight answers. Immigration regulations can be vague, and it is up to ISS to help students better understand the risks of choices they make. We are here to debunk some of the myths surrounding common work topics that come up in advising, and make sure you have the best information!
Common Gray Areas in Employment
Volunteer Work versus Unpaid Work
True volunteer work does not require work authorization for F-1 students, but unpaid work off campus typically does. To determine whether a position qualifies as volunteering, consider the following questions:
- Is the work unrelated to your field of study?
- Is the organization’s primary purpose charitable or humanitarian?
- Are you performing the work without receiving any compensation or remuneration?
If you answer yes to all three questions, the position likely qualifies as volunteer work. In contrast, unpaid work that does not qualify as volunteering is often related to your field of study, may be for any type of company, and typically provides professional skills or experience.
Selling Used Items v. Selling Crafts
Some students ask if it is legal to sell their couch on Facebook Marketplace when they move out. It is. You are allowed to sell used items that you no longer need. However, this is different from selling something that you have made or created; time that you spend making or creating something could count as self-employment if you gain a profit from it. Even participating in a bake sale or craft fair could be risky! We do not recommend selling anything that you have made or created.
Investing in Stocks
Regulations state that F-1 visa holders are allowed to invest in stocks, but must be careful about day trading. It could appear as employment if done too regularly. Occasional buying and selling of stocks is fine, as long as it is not a regular activity.
Content Creation
U.S. regulations consider creating and posting content for profit inside the U.S. to be employment, so F-1 visa holders must obtain authorization regardless of the organization. While we cannot authorize employment outside the U.S., F-1 students should prioritize their coursework, and USCIS may question content creation if it appears online.
More than ever, it is essential to understand the gray areas of employment to ensure status maintenance, so we hope that this helps to clarify some of the more unconventional employment opportunities. If you have additional questions, please visit us in an advising session or email us at uwiss@uw.edu!