employment. Specifically, active involvement in managing a business, trading like a professional, or offering monetized services — whether directly or through digital platforms — may be deemed unauthorized employment under 8 CFR § 214.2(f)(9).
As such, the following activities may not be permitted without prior employment authorization (such as CPT, OPT, or a change to a work-authorized status):
• Day trading or high-frequency trading that is regular, systematic, and profit-driven, particularly if it mirrors professional or business activity • Operating a business that buys, sells, or manages assets or cryptocurrency and provides services to clients or customers • Managing funds or providing investment advice for others in exchange for compensation • Creating and monetizing investment-related content , including paid newsletters, trading signal platforms, or subscription-based financial channels While these activities may not involve traditional employment in the eyes of the student, immigration regulators assess the substance over the form . If labor or services are being performed — even for self-run ventures — they may trigger a violation of nonimmigrant status.
Risk Factors:
• Intent, frequency, and scale are critical: Occasional, passive investment for personal gain is generally not considered employment. However, if the activity becomes frequent, systematic, profit-driven, or resembles a business or professional practice — even if self-directed — it may be subject to scrutiny by SEVP or USCIS as unauthorized employment. • Public records and tax disclosures may indicate self-employment risk: Filing for an Employer Identification Number (EIN), registering a Limited Liability Company (LLC), or reporting business income on U.S. tax forms may be interpreted as engagement in self- employment, which is not permitted under F or M status without proper authorization (e.g., CPT or OPT). • Reinvestment of passive earning is generally permissible: Earnings such as dividends, interest, and capital gains from personal investment activity are allowed if the student is not providing services or labor. However, actively managing operations, offering services, or generating profit from client-facing or business-like activity — even through a business they own — may be considered unauthorized employment under immigration regulations unless explicitly authorized.
Recommendations:
If you are earning passive benefits — such as interest, dividends, or capital gains — from investing your own funds, and are not providing services, performing labor, or working for clients, such activity is generally permissible under F or M visa regulations.
However, if the activity involves frequent trading, operates like a business, or becomes client- facing, profit-generating, or monetized through digital platforms (e.g., paid subscriptions, affiliate
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