Can I Work In The US on A Student Visa Or a Tourist Visa?

June 4, 2024

Understanding the limitations and possibilities of your visa is crucial when planning to study or visit the United States. Attorney Wogwu from Wogwu Law is committed to guiding immigrants through the intricacies of U.S. immigration laws and regulations, helping them live and work in the USA legally and securely. This article explores whether you can work while in the U.S. on a student or tourist visa.

Understanding the F-1 Student Visa

The F-1 Student Visa is designed for international students in U.S. institutions’ academic programs. While this visa primarily allows you to study, employment is possible under certain conditions. Notably, the primary purpose of your stay must remain educational.

On-Campus Employment Options

For those holding an F-1 visa, on-campus employment is the most accessible form of work. You can work up to 20 hours per week during the school term and full-time during breaks and holidays. This opportunity is available from the first day of your studies, provided the job is on the premises of the educational institution you attend.

Off-Campus Employment Possibilities

Off-campus employment for F-1 visa holders is more restricted and generally requires prior authorization. It is usually permitted under two conditions: Curricular Practical Training (CPT) and Optional Practical Training (OPT). Both programs are intended to provide work experiences integral to your academic program.

Curricular Practical Training (CPT)

CPT must be part of your curriculum and directly related to your central study area. You can engage in CPT either part-time or full-time, but remember, working full-time for 12 months or more disqualifies you from participating in OPT.

Optional Practical Training (OPT)

OPT allows you to work in your field of study for up to 12 months, and it can be used during or after your degree program. If you graduate in a STEM field, you might be eligible for a 24-month extension. To engage in OPT, you must receive approval from U.S. Citizenship and Immigration Services (USCIS) and have your Employment Authorization Document (EAD) before starting work.

Exploring the B-1/B-2 Tourist Visa

The B-1/B-2 Tourist Visa is designed for individuals visiting the United States for leisure (B-2) or business purposes that do not involve employment or receiving payment from a U.S. source (B-1). Here’s an expanded overview of what activities are permissible under this visa:

  • Prohibition of Employment: Holders of a B-1/B-2 visa cannot engage in any form of employment in the United States. This includes any activity that would be compensated by a U.S. entity or would typically be performed by paid employees. Violating this condition can lead to the revocation of the visa and future ineligibility for U.S. visas.
  • Allowed Business Activities: Despite the restrictions on employment, there are specific business-related activities that are permitted under a B-1 visa, such as:
    • Attending business meetings or discussions.
    • Negotiating contracts.
    • Attending conferences, trade shows, or seminars.
    • Establishing a business presence, like opening a bank account or leasing office space.
  • Examples of Permitted Activities on a B-2 Visa: If you are in the U.S. on a B-2 tourist visa, your activities should be related to tourism and leisure. These activities might include:
    • Tourism, such as visiting tourist attractions across the country.
    • Social visits to friends or relatives.
    • Participation in social events hosted by fraternal, social, or service organizations.
    • Enrollment in short recreational courses of study not for credit toward a degree, such as a two-day cooking class.
  • Short-Term Medical Treatment: The B-2 visa allows individuals to enter the U.S. for short-term medical treatment. This includes consultations with U.S. medical specialists, receiving treatments, and recovering from procedures before returning to their home country.
  • Restrictions on Conference and Seminar Participation: While attending conferences and seminars is allowed, B-1/B-2 visa holders should not be involved in the management or staffing of these events, nor can they perform hands-on professional roles in such settings.
  • Volunteering: While volunteering is typically seen as unpaid work, B-1/B-2 visa holders must be cautious. Volunteering should not benefit a U.S. business or replace genuine employment. Activities should be purely charitable or non-profit and not involve remuneration.

Contact an Experienced Immigration Attorney

Understanding and adhering to the limitations of your visa status is critical to maintaining your legal status in the United States. Attorney Wogwu recognizes the complexities of U.S. immigration law and is here to provide the guidance necessary to ensure you adhere to legal standards and maximize your opportunities in the U.S.

Navigating U.S. visa regulations can be challenging. If you need assistance or have questions about your specific circumstances, Attorney Wogwu is here to help. Contact Wogwu Law today at 210-972-4480 or online to schedule a consultation with a dedicated Immigration Lawyer serving clients worldwide.