Can an F-1 student start her own business working from her dorm room?
The answer is relatively straightforward if the student will be working more than 20 hours per week or if the place of employment is not ‘on campus’. In that event, it is rather clear that United States Citizenship and Immigration Services (‘USCIS’) would consider this ‘self employment’ to be ’employment’ in which a student may not engage while in F-1 status. There is support in the case law for the Service’s position. A solution might be a part-time H-1B petition if the business incorporates, in which event the student would be able to continue to study since there is no prohibition against a student studying while in H-1B status. Assuming the dormitory is on campus and the work is limited to 20 hours per week, the question is somewhat more complex. We must make reference to the USCIS regulation at 8 C.F.R. 214.2(f)(9) regarding ‘on-campus employment’. Of course, an F-1 student may work up to 20 hours per week on campus. The issue is whether the student’s business that is physically o
