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by marymkearney 1208 days ago
Hi there, immigration lawyer here. As you know, H-1B status rigidly restricts the "work" that can be performed in the United States, to tasks for the H-1B sponsoring employer, within the job duties set out in the H-1B.

Freelance "work" while in H-1B status is prohibited. This covers side gigs like driving an Uber, blogging for pay (including ad revenue and donations), playing music for tips, and yes, working on your own for-profit company, even in pre-revenue stage where you're not actually getting paid yet.

Your hack - to base the company abroad - gets points for creativity! It would still violate H-1B status, however, if the "work" you're doing for the foreign entity physically takes place in the US.

Here's a pretty accurate summary of the situation. https://www.nolo.com/legal-encyclopedia/can-i-work-remotely-...

I'm putting "work" in airquotes, because performing non-H-1B labor of any kind while in the US is the core of the H-1B violation. So, for example, owning a company in the US is permissible in H-1B status, as long as you don't work there in any capacity.

I realize this is perverse and insane. H-1B requirements are frozen in time in the pre-internet workplace of the early 90's. But here we are.

Personally I'd advise against testing the limits of the H-1B, mostly from hearing horror stories about H-1B renewals getting denied, over dumb things like occasional babysitting, or fixing your neighbors' computers for pay, or "working" at a volunteer organization.

That said, I think there's scope for plenty of activities to advance your startup, that aren't "work" in the H-1B sense. Reframe it for now as an interest, hobby, or skill, and build an online reputation as an expert in that thing. Give advice, ask for opinions, identify pain points, get known, build an audience.

Also, building and testing a prototype of your thing, in the privacy of your own home, still counts as a hobby. Sounds like you've already done this though, so maybe you're at the limit of this one already.

Hope this helps. I feel your pain. I wrote an article about this if you're interested. From 2016, still accurate. My first post on HN as I recall.

https://news.ycombinator.com/item?id=11491428

https://visabuilder.com/blog/escape-from-h1b-hell-5-things-i...

Edited to add, the article cited below from "Law Firm 4 Immigrants" is a misleading blend of accurate and inaccurate information, which is pretty dangerous IMO.

2 comments

Thank you! This helps. Yes, at this point, it's just a hobby project. I was exploring what are my options, which unfortunately seems like not much. I agree, the H-1B rules are so frozen in time. If anytime, the US would benefit a lot more and generate more per capita income if they allowed individuals to express their enterprise irrespective of their visa status.
You're most welcome. Agreed, the system makes no sense. But it does reward those who accept that fact, and use a kind of legal jiujitsu, to advance the common good along with their own.

Great example and role model for this approach is swizec.com, who leveraged his online reputation into an O-1 work visa, then an EB-1A green card. He's an HN contributor also. HTH. I'm rooting for you and your projects. :)

If an H1b worker has a company based on their origin country, can't they legally work behind that company?

If their origin company is participating in the contract with an entity of the host country and the finances and transactions are all based on the origin country does that violate any work visa rules?

Technically, the worker is not participating in a income activity and the income he is generating is based and limited to his origin country. If they don't bring any money from their origin company to the host country, wouldn't that be legal?

But then again, ICE tends kick people off at a drop of a hat. So, really need to know if this process is absolutely legal. Thank you.

US visas are not about where the company you're working for is based. They're all about where you are located. If you're in the US, then you can't do unauthorized work for any company, no matter where that company is located.