For an F-1 student not yet on post-completion OPT, the key regulatory restriction is engaging in any activity that constitutes “employment” or “unauthorized work”, which under 8 CFR §214.2(f)(9) includes any service or labor for compensation or the expectation of compensation, whether financial or non-financial (e.g., equity, future profits, experience that directly benefits a business effort).
Activities to Refrain From Before OPT Start Date
These are clearly risky and can be interpreted as unauthorized employment or self-employment:
- App Design / App Development (if part of a commercial venture, i.e., for a startup)
- Business Pitch Competitions (With Prize)
- Incorporation
- Signing Legal Contracts Regarding the Business
- Seeking Investment / Approaching Investors
- Applying to / Getting Accepted Into Incubators/Accelerators (depends on whether there’s any equity or work requirement)
- Crowdfunding for the Business
- Business Bank Account Setup (for your own business; passive business investment is different)
- Open Beta Test (especially if users are external and it resembles a product release)
- App Release on App Stores (even if free, this can be seen as entering a commercial market)
- All-out Marketing
These can demonstrate intent to engage in a business or work, which is not allowed under F-1 status prior to OPT.
Activities to Approach with Caution or Get DSO/Legal Clearance
These are potentially permissible, but context matters. Avoid if they resemble work or business activity:
- Business Pitch Competitions (Without Prize) – Safer if only academic or idea-sharing and no compensation.
- Applying to Accelerators/Incubators – Risky if acceptance entails contractual obligations or work.
- Closed Beta Test – May be okay if entirely internal to your team, not public.
- Tabling at USF – Depends on purpose; may be okay if strictly promotional for student org or non-commercial idea.
Generally Safer Activities (Still Avoid Monetization or Work-Product Creation)
These are more aligned with academic curiosity or preparation, not employment:
- Surveying Potential Users
- Networking Events
- Personal Crowdfunding (e.g., for tuition/living, not for business)
- Social Media Account Setup (for future venture, not active promotion/sales)
- Landing Page Creation (with waitlist, not transactions or promotion)
- Potential User Community Building (discussion-focused only)
- Contacting Potential Corporate Users (info-gathering only, no services or offers)
Summary Guidance:
- ❌ No self-employment, no work on a business, and no activity that leads to compensation, contracts, or commercial activity.
- ✅ Idea development, user research, and networking are usually OK if clearly pre-business and no value exchange.
- 📌 The risk increases with public presence, platform usage, financial tools, or formal structures (e.g., incorporation or bank accounts).
- 📚 Cite: 8 CFR §214.2(f), USCIS Policy Manual Vol. 2, Part F, Ch. 8.
Last Revision: May 2025.