Side business (active income) while on H1B - no actual rule on USCIS site?
So this guy on YouTube keeps advocating that you can do side business on h1b as long as you pay taxes to IRS and have ITIN (for business) - https://youtu.be/f3X_0cpuKXo He claims he sent emails to USCIS, DOL, IRS, secretary of state etc.. and everyone said it should be fine or not under our jurisdiction except USCIS.. who told him, we will escalate and look into it and get back to you (and never got back) How legit is this guy? Is there really no specific rule and just a hear-say about active investment being illegal on h1b that all of us just follow? Is there any legit source for the law (on USCIS site) besides "No, you can't" on all every forum/blog. #workvisa #h1b
YouTube
He isn't an Attorney. He is spreading misinformation. Don't be fooled. Reported this on YT.
You can choose to believe in what you want to believe. At the end of the day, if there’s trouble, you’ll have to fight in court and your believe, knowledge or lack thereof won’t matter. It’s up to you to take the chance. The law is written so clear. Go do your own research and make your own decision.
I agree. I obviously don't believe him. but he did bring up a point of discussion. But my question to you is which exact law are we breaking? Is there a source to that well written law you mentioned? Cos I tried doing my own research to debunk this guy, and I honestly can't find any legit info from US government. (But mostly quora links or Murthy law firm forums and stuff)
The language doesn’t specially said anything about “active” investment. But it mentioned employer-employee relationship very clearly. You can work for multiple employers but each of them has to file for a separate H1 petition, with separate LCAs. Now each of those employers can fire you as well. That’s another clear requirement. Now if you are working for yourself, which is clearly defined in the US (google IRS self-employed or talk to a lawyer), then you are your own employer. Thus you have violated H1B law since 1) you haven’t filed a petition and 2) your activities don’t event qualify.
You can’t do a side business on H1B except those that generate passive income.
You can do an active side business and if you don’t get caught, you’ll be fine. You can steal a million $ and not get caught and you’ll be fine.
Lol. That's a different scenario. But like I said. He just made me curious to find out the exact law we're trying to break! It's a valid point of discussion. Where can you find that specific guideline on USCIS or DOL sources that states active income is not allowed! (Getting sponsored on your own business.. yes that's clearly written.. but nothing about active side business). Which was weird to me. How does USCIS not have it on their h1b guidelines?
Look up unauthorized employment. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6 H1 authorizes you to work for one employer only. You are unlikely to get caught working a side job but it’s still illegal.
You mean side business like Amway or quixtar?
No like freelance work.