Can I Freelance on F-1? The Legal Side Hustles International Students Miss

Being an international student is a dream come true, yet it comes at a cost - the F-1 visa brings various limitations on the holder’s ability to work in the US. Ironically, the very restrictions placed on international students often heighten their drive to earn and contribute financially. While students are able to work on-campus, and sometimes off-campus, the opportunities and hours are limited and require organization. 

What is the F-1 visa?

An F-1 visa is a non-immigrant visa for international students who want to study full-time at an accredited U.S. institution, such as a university, college, or high school. To get one, you must first be accepted by a Student and Exchange Visitor Program (SEVP)-approved school and have sufficient financial support. The F-1 visa is for academic or language training and requires you to demonstrate you intend to return to your home country after you complete your studies.

Employment authorization is tightly controlled by USCIS and Designated School Officials (DSOs). If you violate the terms of your visa by working illegally, you could lose your status. In some cases, you may be able to apply for reinstatement, but this is a complex process that often requires legal advice.

What Counts as “Freelancing” or “Work”? 

Freelancing is used to describe any type of self-employment, contract work, or paid projects done for clients while in the U.S. This could include designing logos, coding, writing, consulting, etc. Legally, this is considered unauthorized work under F-1 rules if the student is physically in the U.S.

In order to freelance legally, you would need to acquire Optional Practical Training (OPT) which allows you to gain temporary experience related to their major/field of study.

Your Legal Options

These options may be legal, but they impose many restrictions with little opportunity for increased income. 

1. On-campus Employment

F-1 students in their first year can work up to 20 hours per week while attending university as long as their employer is affiliated with the campus - for example, as a research assistant. 

2. Curricular Practical Training (CPT)

This only concerns internships or work experience that is an integral part of the student’s curriculum. Only F-1 students who have received prior authorization by a DSO can do this.

3. Optional Practical Training (OPT)

As mentioned before, OPT is temporary employment directly related to an F-1 student's major and must be authorized beforehand by USCIS.

4. Economic Hardships

In case of severe and unforeseen financial difficulties, F-1 students are authorized to work off-campus provided they can prove that their funding became insufficient unexpectedly and without their fault. This is not easy to obtain and requires documenting extreme changes in circumstances, such as a sponsor's death.

The Loophole

What if I told you that F-1 students can have a high source of income that doesn’t violate their visa’s employment restrictions? Sounds too good to be true? Let me introduce you to passive income.

Yes, F-1 visa holders can have passive income in the following ways:

1. Ad revenue

Earnings from blogs, YouTube channels, or apps that generate ad revenue without requiring real-time services can be considered passive.

2. Royalties

Income from intellectual property like books, music, or online courses you created can be passive, provided you aren't actively producing content for a U.S.-based company.

3. Investments

Earning interest or dividends from stocks, mutual funds, or ETFs is generally allowed as long as it's a long-term, passive investment and not active day trading.

4. Foreign-based income

Income from sources outside the U.S. may be permissible if it's passive and does not involve active work within the U.S..

Things to Look Out for

• You are not allowed to participate in any income-generating activity that requires you to actively work - this includes freelancing.

• Day trading or frequent buying and selling of stocks can be seen as an active business and may lead to issues with immigration status.

• Before pursuing any income-generating activity, it is crucial to speak with your school's Designated School Official (DSO) to confirm your eligibility and ensure you won't violate your visa status.

In summary, F-1 students may not be allowed to work permanently, but do have legal paths to gain experience and earn income. Always consult a DSO or immigration attorney before taking any steps and remember - freelancing dreams can wait; maintaining status ensures the freedom to build a career in the U.S. later.