Paid for article while in US on F-1 visa? [closed]
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I am an international Ph.D. student in the US and am planning to write an article for a US-based magazine. I'm doing this to increase my presence and build a relationship with this publisher. They will probably expect to pay me for this, but I am worried that this will qualify as work that is not permitted under my F-1 visa.
Ideally I would write the article and accept any payment. Does anyone know what to do in this situation? Could I have them pay me in my home country?
Please note that normally a citizen of another country can write for a newspaper or magazine in the US without either residing in or having a visa for the US. So if I were in my home country right now this would not be an issue, it is just that I am incidentally in the US that makes me concerned.
Best Answer
https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment
F-1 students may not work off-campus during the first academic year, but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:
- Curricular Practical Training (CPT)
- Optional Practical Training (OPT) (pre-completion or post-completion)
- Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)
For F-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS.
Even though you won't have to leave the campus to write an article it will be considered "off-campus employment" when the magazine publisher is not part of your university.
So when you are still in your first year?
No go.Have you been a student for more than 1 academic year?
Then you need to request permission before writing and submitting the article.
When the magazine and/or the subject of the article are related to your field of academic study, or when you're studying journalism or similar, then you can make a case that writing such articles is practical training and you may be granted such permission.
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How long can F-1 student be out of status?
US Immigration law states that individuals in the US for more than 180 days without a valid status are banned from returning to the US for at least 3 years. Individuals in the US for more than 1 year without a valid status are banned from returning to the US for at least 10 years.What happens when F-1 visa is Cancelled?
If you student visa is cancelled, members of your family unit who hold a student visa as dependents will also have their student visa cancelled. Likewise, if your application for a student visa is refused, the same will apply to any family members who apply as your visa dependents.What happens if you stay in the US after F-1 visa expires?
You can stay in the United States on an expired F-1 visa as long as you maintain your student status. However, if you are returning home or traveling to a country where automatic revalidation does not apply, you must have a valid visa to return to the United States.What happens if you violate your F-1 visa?
A violation of your immigration status will result in the termination of your SEVIS record (I-20). If that happens, according to the U.S. government, you would not be in legal status ("out of status") beyond any grace period you may be eligible for.What Do I Do if My F-1 status is Terminated?
More answers regarding paid for article while in US on F-1 visa? [closed]
Answer 2
You can’t work as an F1 student except at your own university. The one exception is if you are on OPT.
The journal will likely want you to fill out a W9 so that they can pay you, which is when they’ll discover that you don’t have work authorization.
Alternatives to getting paid would be:
- they reimburse you for expenses (say you incurred research costs in writing the article)
- they pay your research lab at your institution or your PI (professor), again offsetting research costs
- they “pay” you in product such as giving you some of their books for free or a registration to the next conference (this is a legal grey zone, as commentators note)
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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