united-states tax-law
Off-campus job and Internet earning
<p>As far as I know, international students can't work off-campus in the USA (according to the law). What about Google AdSense?</p>

<p>I will be a graduate student in the upcoming fall 2016.</p>

<p>I have been working on my personal websites and I have activated AdSense on these websites. I have been getting paid in my native country and Google sends the payment to my local bank account.</p>

<p>Could I link my US bank account after I reach there? Will it be considered as off-campus job?</p>

<p>My earing isn't huge right now. I get paid around $200 to $500 per month right now. it may increase in future depending on my activites on website. </p>

<p>8 CFR §274a.1(h) defines "employment" (which is restricted):</p>

<blockquote>
  <p>The term employment means any service or <em>labor performed by an
  employee for an employer within the United States</em>, including service
  or labor performed on a vessel or aircraft that has arrived in the
  United States and has been inspected, or otherwise included within the
  provisions of the Anti-Reflagging Act codified at 46 U.S.C. 8704, but
  not including duties performed by nonimmigrant crewmen defined in
  sections 101 (a)(10) and (a)(15)(D) of the Act. However, employment
  does not include casual employment by individuals who provide domestic
  service in a private home that is sporadic, irregular or intermittent;</p>
</blockquote>

<p>So it depends on whether you are an employee and if it is for an employer. An employee is defined in (f):</p>

<blockquote>
  <p>The term employee means <em>an individual who provides services or labor
  for an employer for wages or other remuneration but does not mean
  independent contractors</em> as defined in paragraph (j) of this section or
  those engaged in casual domestic employment as stated in paragraph (h)
  of this section;</p>
</blockquote>

<p>And employer is defined in (g):</p>

<blockquote>
  <p>The term employer means <em>a person or entity</em>, including an agent or
  anyone acting directly or indirectly in the interest thereof, <em>who
  engages the services or labor of an employee to be performed in the
  United States for wages or other remuneration</em>. In the case of an
  independent contractor or contract labor or services, the term
  employer shall mean the independent contractor or contractor and not
  the person or entity using the contract labor;</p>
</blockquote>

<p>I think it would be hard to content that Google can't be slotted under that definition as an "employer". However, (j) defines independent contractor, which is excluded from the class of "employees":</p>

<blockquote>
  <p>The term independent contractor includes individuals or entities who
  carry on independent business, contract to do a piece of work
  according to their own means and methods, and are subject to control
  only as to results. Whether an individual or entity is an independent
  contractor, regardless of what the individual or entity calls itself,
  will be determined on a case-by-case basis. Factors to be considered
  in that determination include, but are not limited to, whether the
  individual or entity: supplies the tools or materials; makes services
  available to the general public; works for a number of clients at the
  same time; has an opportunity for profit or loss as a result of labor
  or services provided; invests in the facilities for work; directs the
  order or sequence in which the work is to be done and determines the
  hours during which the work is to be done. The use of labor or
  services of an independent contractor are subject to the restrictions
  in section 274A(a)(4) of the Act and §274a.5 of this part;</p>
</blockquote>

<p>I would be personally inclined to view what you're talking about as "independent contracting", or not <em>even</em> that. As you can see, there is no objective definition of "independent contractor".
The definition of employment etc. doesn't extend to all forms of receiving income – it has to be in exchange for work. And furthermore it has to be work done in the US. If you had a savings account that paid interest, that interest would not constitute "work". If you were developing a web page, that would constitute "work". However, if you have already done all the "work" of making a web page profit-generating, then receiving the benefits while here would not constitute performing work in the US. Whether your continuing to develop the website while in the US would depend in part on why you were doing so. If, say, you have a popular music-review site that you maintain for personal reasons, then you would not be working for money, you'd be working for art's sake, and economic benefits are incidental.</p>

<p>However, in dealing with ICE, always be hyper-cautious, so verify this interpretation with someone whose job it is to interpret ICE policy.</p>
