Students may not begin, continue, or resume employment before the start date or after the expiration date listed on their Employment Authorization Document (EAD). This includes STEM OPT extensions without an I-765 receipt (no automatic extension) or improper job reporting.
• Self-Employment Without OPT Authorization:
Operating a business, freelancing, or performing contract-based services (even remotely) without valid OPT authorization and EAD is considered unauthorized employment — even if unpaid or home-based. Only students on active post-completion OPT may engage in self-employment if they meet all reporting and compliance requirements.
When Online Activity May Be Considered Unauthorized Employment:
1. Monetizing Content or Platforms:
Running a YouTube channel, TikTok account, or other monetized social media profile with ads, sponsorships, or affiliate links is considered employment if it results in income or material gain.
Even passive revenue (e.g., ad revenue, affiliate earnings) may qualify as “work” under immigration regulations if tied to regular effort or promotional activity.
2. Freelance Platforms and Gig Work:
Accepting projects through Upwork, Fiverr, Freelancer, Etsy, or similar platforms is considered unauthorized employment unless the student has valid CPT or OPT authorization.
This applies regardless of whether the work is performed remotely, paid in cryptocurrency, or paid through foreign accounts.
3. Online Storefronts and Reselling:
Operating an online store (e.g., on Shopify, Amazon, Depop, or eBay) or selling services/products — even intermittently — can be viewed as self-employment, which is unauthorized unless performed during active OPT with EAD and reported in SEVIS.
4. Crowdfunding, Donations, and “Tips”:
Accepting donations (e.g., Ko-fi, Patreon, Buy Me a Coffee) may also raise compliance questions if the content is tied to ongoing labor, creative output, or services.
Why This Matters Legally
Under 8 CFR § 214.1(e) and 8 CFR § 214.2(f)(9), any unauthorized employment, including income-generating digital activity, is a status violation and can result in:
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