If you are an H1B visa holder, you might have wondered whether it’s possible to work as a freelancer in the United States. The H1B visa allows foreign workers to work in the US in specialty occupations that require specific skills and expertise. However, working as a freelancer might seem like a grey area that’s difficult to navigate, especially with the potential of visa violations. In this article, we’ll explore if you can do freelance work on H1B visa and what you need to know to avoid any legal issues.

Key Takeaways

• H1B visa holders are only allowed to work for the employer who sponsored them.
• Doing freelance work on H1B visa is prohibited because it constitutes unauthorized employment.
• Freelancers who breach the terms of their H1B visa risk losing their status and might face deportation.
• H1B visa holders can set up their own business or become self-employed, but there are specific requirements to meet.
• Consult with an immigration attorney before making any decision related to freelance work on H1B visa.

Can I Do Freelance Work on H1B Visa?

No, you cannot do freelance work on H1B visa. The H1B visa program is designed to fulfill a labor shortage in the US by allowing foreign workers to work in specialty occupations that require specialized skills, knowledge, and expertise. The visa is employer-specific, which means that the visa allows a foreign national to work only for the sponsoring employer. Freelance work, on the other hand, doesn’t fall under this category.

The H1B visa program regulations classify unauthorized employment as any work that is outside the scope of the approved H1B petition. Doing freelance work violates the terms of the H1B visa program, which could lead to visa cancellation, deportation, and a potentially long-term ban from entering the United States.

Can I Set Up My Own Business While on H1B Visa?

H1B visa holders can set up their own business while on the visa, but there are specific regulations to follow. You cannot work for your own business while on an H1B visa. Instead, you can form a corporation or limited liability company (LLC), and you can become the employee of that company.

However, starting your own business will require you to meet certain eligibility criteria. First, you must establish that your proposed business is not a “sham” company set up for the sole purpose of obtaining an H1B visa. Second, you must demonstrate that your proposed business aligns with your specialty occupation.

Finally, you must ensure that your role in the business is consistent with the specialty occupation specified in the H1B visa petition. Therefore, if you are an engineer, your business must be related to engineering, and your role in the company must require you to use your specialized skills and knowledge.

Freelance Work vs. Self-Employment

It’s important to differentiate between freelance work and self-employment. Freelance work involves offering specialized services to clients on a project-by-project basis. On the other hand, self-employment refers to running your own business and being solely responsible for its operations and finances.

While freelance work is not permitted under the H1B visa program, self-employment is allowed, provided you meet the above requirements. Self-employment allows you to set up a company and be its employee while working in your specialized occupation.

Conclusion

The H1B visa program is a complex system designed to regulate employment for foreign nationals in the US. Freelance work outside the scope of the H1B visa program is prohibited, and breaching this rule can lead to severe consequences. However, H1B visa holders can set up their own business and become self-employed if they fulfill specific eligibility requirements.

If you’re thinking of exploring freelance work or self-employment while on an H1B visa, it’s best to seek advice from an experienced immigration attorney. They can help you navigate the complex legal landscape and ensure that you remain compliant with the rules and regulations of the H1B visa program.

FAQ

Q: Can I work for multiple employers while on an H1B visa?

No, you cannot work for multiple employers while on an H1B visa. You are only allowed to work for the employer who sponsored you.

Q: Can I work remotely for my home country while on an H1B visa?

No, you cannot work remotely or for an employer in your home country while on an H1B visa. The visa is specific to the job offered by the sponsoring employer in the US.

Q: Can I obtain an H1B visa as a freelancer?

No, you cannot obtain an H1B visa as a freelancer because the visa requires a job offer from a US employer in a specialty occupation. A freelancer typically works on project-based assignments, which doesn’t fall under the H1B visa program’s scope.