•
Criminal or Civil Infractions:
Arrests or convictions for offenses such as DUI, disorderly conduct, or failure to appear in court — particularly those raising public safety concerns — can trigger visa revocation. DUI-related arrests within the past five years require consular review under 9 FAM 403.11-5(B).
IV. What Constitutes Unauthorized Employment for F and M Students
Under 8 CFR § 214.1(e), § 214.2(f)(9), and § 214.2(m)(9), any employment not specifically authorized by regulation or prior approval is considered unauthorized for F and M nonimmigrant students. This is a serious violation that can result in SEVIS termination, loss of status, and removal consequences.
Examples of Unauthorized Employment for F-1 Students (Under 8 CFR § 214.2(f)(9)-(11) and SEVP Policy Guidance)
• Off-Campus Employment Without Prior Authorization:
Any off-campus job — including internships, training, or freelance work — that is not authorized through CPT, OPT, or approved under the severe economic hardship provision (Form I-765) is unauthorized. Authorization must be granted before employment begins.
• On-Campus Employment in Violation of Limits:
Working more than 20 hours per week during the academic semester or continuing to work after the program end date as listed on the Form I-20. On-campus employment must be reported and fall within institutional and DHS guidelines.
• Unpaid Work That Substitutes for Paid Employment:
Engaging in unpaid internships, “volunteering,” or trial periods where the employer derives value from the student’s labor, especially if the position would normally be paid. Such roles may still be deemed employment under U.S. labor and immigration law if performed without proper authorization.
• Employment During the 60-Day Grace Period or While Awaiting Reinstatement:
Students are not authorized to work during the 60-day post-completion grace period or while awaiting the outcome of a reinstatement request (I-539). Employment under either condition is a violation of status.
• Employment Outside OPT or STEM OPT Validity Periods:
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