What if I took the pictures before becoming a F1 student status, and am not receiving royalty for them? What about the scenario where I took pictures while in the US?
GAH, can't believe I made this typo, I mean't to say "...and am now receiving royalty for them..."
Very likely this would not constitute unauthorized employment, since it is not employment.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
This is a tricky issue.
First you ask about receiving royalty ... then you say you're not receiving royalty.
I would say that if you are paid into your foreign bank account and that the sales are infrequent ... you're probably OK.
If this is bringing in enough money to pay the rent .. (which, as a photographer myself, I know is difficult) you may have a problem.
Meet with an attorney and your foreign student adviser.
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If you took the pictures while on F-1 status, it could be considered unauthorized employment.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.