Additional Forms of Employment
The information on this page is based on current immigration regulations and USC policies, and may not apply to non-USC international students.
Name, Image and Likeness (NIL)
In 2021, many states passed laws regarding compensation for using a student-athlete’s name, image and likeness (NIL). The U.S. Department of Homeland Security (DHS) has not taken a position on whether compensated NIL arrangements constitute employment under federal immigration law. Until the DHS adopts a position, OIS recommends that international student-athletes:
- Always contact OIS for information about immigration rules related to their F-1 or J-1 visa status.
- Refrain from participating in any NIL activities in the United States until DHS provides additional guidance.
- Consult with an immigration attorney before accepting any compensation for an NIL activity to determine whether the potential risk is worth the potential reward. OIS cannot refer students to a specific legal consult.
Additionally, student-athletes in a nonimmigrant status other than F-1 or J-1 should consult with an immigration attorney before accepting any compensation for an NIL activity, since employment rules vary by nonimmigrant status.
A student who participates in unauthorized employment could have their current F-1 or J-1 status terminated and risk future U.S. immigration benefits. USC’s NIL policy specifically advises international students to seek guidance from government agencies.
Entrepreneurship
International students in F-1 or J-1 status who are interested in entrepreneurship, startups or self-employment must ensure they have the appropriate employment authorization before engaging in any business activity.
Working for a startup and starting your own business are not the same from an immigration perspective. Students may only engage in entrepreneurial activities that are permitted under their immigration status and authorized employment benefit.
Students who establish a business may also be subject to U.S. tax and business registration requirements and should consult a qualified tax professional or attorney as appropriate.
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There are two primary ways F-1 students may participate in entrepreneurial activities:
- CPT: Students may be eligible to use CPT to work for an established company, including a startup, provided the position meets all CPT eligibility requirements and is directly related to the student’s major field of study. CPT requires a bona fide employer-employee relationship and enrollment in an internship course, where applicable. CPT may not be used for self-employment or operating your own business,
- Exception: According to USC policy, PhD students must be devoted full time to studying toward their degree and may not undertake employment or other time-consuming commitments during the academic year (from the end of August through mid-May).
- OPT: Students may engage in self-employment or start their own business while participating in authorized Pre-Completion OPT or Post-Completion OPT, provided the business is directly related to their major field of study. Additional information is available on the DHS Study in the States website. Please note that OPT is recommended by OIS but approved by U.S. Citizenship and Immigration Services (USCIS). Because OPT is a temporary employment benefit, students who start their own business should consult a qualified immigration attorney regarding future immigration considerations.
Please refer to the Study in the States website for more information about entrepreneurship for F-1 students
- CPT: Students may be eligible to use CPT to work for an established company, including a startup, provided the position meets all CPT eligibility requirements and is directly related to the student’s major field of study. CPT requires a bona fide employer-employee relationship and enrollment in an internship course, where applicable. CPT may not be used for self-employment or operating your own business,
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J-1 students who wish to work for an established startup with an employment relationship may be eligible to apply for Academic Training. Please consult an OIS J-1 advisor before participating in a USC entrepreneurship program.
Prize Money and Scholarships
Please consult with an OIS advisor before participating in a USC entrepreneurship competition or program that involves receiving money prizes or scholarships.
F-1 and J-1 students may generally accept scholarships and prizes awarded through contests, competitions, or academic achievement. Scholarship and prize funds must not be used to compensate students for services performed or employment.
If a scholarship or prize includes a work component, such as a teaching or research assistantship, departments and students must adhere to the regulations governing on- and off-campus employment.
Scholarships or prizes from a USC entrepreneurship program or competition should be distributed to students via their student account. This approach helps distinguish scholarship or prize funds from compensation for employment services.