While working in H1B status, am I allowed to sell goods on hobby websites like Etsy?

Answer

This is a tricky area. H1B workers can only work for the H1B employer. Passive investment is permitted (e.g., buying stock in a company). Other revenue generating activities can be considered unauthorized self-employment. For many such activities, the rules are not entirely clear as to what is or isn’t considered work under immigration law. Consider whether one is creating or accumulating whatever is being sold for the purpose of selling. If so, that sounds like a business – as opposed to selling off excess stuff you don’t need on Ebay or in a yard sale, etc. It may also be a good idea to look at the IRS definition of hobby vs. business to see if that helps in finding the line. (08.Feb.2016)

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