Working in self-media with a student visa may lead to illegal work

As the self-media industry continues to flourish, an increasing number of international students in the U.S. are generating income through platforms like YouTube and Instagram. However, this raises a critical question: Is such activity compliant with student visa regulations? According to immigration attorney Xu Junliang, earning income through self-media can lead to complex legal issues for students holding F-1 or H-1B visas.

Xu explains that in the U.S., any activity that involves earning income typically requires authorization from the U.S. Citizenship and Immigration Services (USCIS). While green card holders and citizens need not worry about this, the situation becomes more complicated for F-1 and H-1B visa holders. He points out that the USCIS strictly defines the employment parameters for H-1B visa holders, stating that their only legal source of income must come from their employer. Earnings from self-media platforms like YouTube, if not authorized by the USCIS, could be classified as unauthorized work, especially if the income is received via checks from these platforms and reported for tax purposes. This could potentially lead the USCIS to view the visa holder as engaging in illegal employment.

For F-1 visa holders, the matter is somewhat more nuanced. If a student has established a self-media platform prior to entering the U.S., and the income is generated from content created before their arrival, it may be deemed “passive income” and not illegal. However, Xu warns that if an F-1 visa holder actively creates content in the U.S. and earns money from it, it risks being considered unauthorized work, unless it is closely related to their field of study and falls within the scope of Optional Practical Training (OPT).

Xu also gives an example concerning sponsored advertisements: If these sponsorships are related to a platform the applicant established before moving to the U.S., and they do not participate in managing it while in the country, then it might not be illegal. However, negotiations and contracts for sponsorships often raise compliance concerns, which adds layers of risk.

Furthermore, he emphasizes that for student visa holders looking to start a business, the USCIS conducts stringent reviews of the relationship between the business and the individual. If the company’s income is significantly tied to the individual, it could be construed as engaging in unauthorized employment, potentially creating visa complications. He even cites extreme cases where H-1B visa holders have faced issues for winning the lottery, highlighting the USCIS’s close scrutiny of income sources.