• • •
SEVIS termination Loss of F/M status
Accrual of unlawful presence
• Future inadmissibility under INA § 212(a)(6)(C) (for misrepresentation)
Recommendations:
• Consult your DSO or legal counsel before initiating or continuing any income-generating online activity.
• If the online activity involves payment or the potential for compensation, it must be authorized in advance (via CPT, OPT, or STEM OPT).
• Content creation purely for hobby or educational purposes (with no monetization or third- party benefit) is generally not considered employment — but intent and impact matter.
Unpaid work, volunteering, or online activity that substitutes for paid employment:
Engaging in unpaid internships, volunteer roles, or monetized online activity (e.g., YouTube, TikTok, Patreon, Upwork, Etsy) that results in material benefit or replaces paid labor may be considered unauthorized employment under immigration law. This applies even if no direct wages are paid and includes ad revenue, affiliate marketing, tips, or compensation in-kind. Such activities require prior authorization under CPT, OPT, or other DHS-authorized programs.
Are Investment and Trading Considered Unauthorized Employment for F/M Visa Holders?
F and M students violate their status if they engage in activity that goes beyond passive investing and begins to resemble employment, business operations, or services rendered for gain — whether or not payment is received. The following activities are not generally considered “employment” under immigration regulations if they are passive and do not involve providing labor or services to an employer or clients. • Opening a U.S. brokerage account and buying/selling stocks, ETFs, mutual funds, or bonds for personal gain • Investing in cryptocurrency (e.g., Bitcoin, Ethereum) on a personal basis • Holding shares in a U.S. company without active management duties • Investing in real estate without acting as a property manager or agent • Receiving passive dividends, capital gains, or interest income
Not Permissible (Active Engagement or Work-Equivalent Activity):
F and M visa holders may violate their immigration status if they engage in activities that go beyond passive investment and begin to resemble employment, business operations, or self-
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LexElite Law
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