If you’re on a temporary visa in the U.S., understanding what counts as “work” is essential. Working without proper authorization can jeopardize your current visa, affect future immigration options, or even lead to removal proceedings.
Unfortunately, the laws around “work” can be confusing, and they haven’t kept up with how people actually earn a living today. U.S. immigration laws haven’t had a meaningful update since the early 1990s, before online businesses, remote work, and the gig economy were a thing.
That leaves many immigrant founders unsure about where the line is between preparing to launch a startup and actually working without authorization. There’s not always a clear line, but there are general guidelines you can keep in mind.
What is Considered “Work” For Immigration Purposes?
Immigration law doesn’t define “work” as clearly as you might expect, so we often look to tax and employment law for reference. Through that lens, work means performing services in exchange for compensation or value.
“Value” doesn’t have to mean a paycheck; it could mean stock, benefits, or even the chance to earn money later. If you’re doing something that has value and someone might normally get paid to do it, immigration law might treat that as unauthorized work even if you’re not making money.
Ask Yourself:
To get a better sense of whether your activities might count as work, ask:
- Would someone usually get paid for this?
- Is this something employees normally do?
- Would this work usually require a job offer?
Volunteering in a food pantry is different from running a startup. In one case, there’s no expectation of compensation. In the other, founders might be doing valuable work that raises red flags.
Permitted “non-work” activities may include things like:
- Forming a company
- Signing a lease for office space
- Meeting with investors
- Attending conferences
- Doing market research
These types of early-stage, planning-oriented activities are more passive and usually okay for people without work authorization, though you should still talk to an immigration attorney before moving forward.
Tasks requiring work authorization include:
Once you’re managing people, overseeing operations, or actively running the company, you’re likely crossing into “work” territory. Common examples include:
- Acting as CEO or manager
- Managing operations
- Hiring and managing employees
- Handling daily business activities
These are all active roles that typically require employment authorization and doing them without it can hurt your immigration case or even put you at risk of removal.
I’m Here as an International Student, Can I Start a Company?
We get this question a lot. As mentioned previously, there’s a difference between owning part of a business and actively working for it. For F-1 students, owning a startup is usually fine. But you must be very careful not to cross into “work” unless you’re authorized to do so (for example, through OPT or CPT). If you’re contributing to the business in a meaningful way, it’s worth talking to an immigration attorney before taking on any active role.
Why It Matters
If you’re found to have engaged in unauthorized work, it can be difficult to fix it later, and it may put you at risk of removal. That’s why it’s always better to get immigration advice before you start building your company, not after.
Want more clear, practical information like this? Our Founding Attorney’s book breaks down U.S. immigration for startup founders in plain English. If you’re building something in the U.S. and want to do it right, get your copy now!
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