Employment

Students in F-1 and J-1 status are limited in what employment and work-like activities they can engage in while in the U.S. Our employment webpages are meant to serve as a resource to help students understand how to navigate employment opportunities while maintaining their status.

Please review ISSP’s employment resources before accepting or participating in any employment or work-like activity. You can also contact our office at globe@wm.edu if you are unsure about the appropriateness of any employment opportunity, volunteer position, or unpaid internship.

What is Employment?

While federal immigration laws and regulations do not provide a definition of employment, a useful description of employment is any service or labor performed in exchange for compensation or a benefit, including work that would typically be compensated in a commercial setting (International Student Resource Center).

Compensation can include wages or salary, tips and gratuities, commission or profits from sales, barter or trade of services, and equity or stock options where the equity is tied to performance or services.

Is Work Authorization Required?

The substance of the activity and the student’s physical location when performing work are the most important aspects in determining whether an activity is permissible and/or requires authorization.

Work authorization is not required for the following activities:

• Currently Enrolled F-1 students: Student employment at W&M or VIMS (i.e. on-campus employment); work authorization for this type of employment is incidental to F-1 status
• Genuine volunteer work for a nonprofit organization
• Unpaid research or class projects extending slightly beyond coursework
• Occasional informal tutoring or help to fellow students without compensation
• Informal unpaid participation in a startup weekend or hackathon, so long as there is no compensation, equity, or ongoing commitment

Work authorization is required for the following activities:

• J-1 degree-seeking students: Student employment at W&M or VIMS (i.e. on-campus employment)
  • Currently enrolled J-1 non-degree seeking students (e.g. exchange) are not eligible for on-campus employment per W&M policy
• Off-campus employment, i.e. not at W&M or VIMS (see “What is Employment?” section above). This can include, but is not limited, to the following types of employment;
  • Part-time employment at a local business
  • Remote work, including work on digital platforms
  • Working for a company based outside the U.S. while physically present in the U.S.
  • Freelance / gig economy work
  • Self-employment
  • Operating a startup company
  • Social media monetization

Unpaid internships may or may not require proper work authorization. Please review the Volunteering & Unpaid Internships for more details.

Consequences of Unauthorized Employment

Consequences of a violation may include loss of F or J status, termination of the SEVIS record, unlawful presence in the United States, and barriers to future immigration benefits (re-entry to the U.S., applications for visas, etc.)

Students should be aware of increased scrutiny of nonimmigrant records and understand that unauthorized employment activities can be traced through tax documents, payment systems, digital platform records, and banking information.