Can an H1B worker earn rental income?

Answer

Generally, an H1B individual is only able to work for the H1B petitioning employer. With other income, the question is whether the USCIS would consider it to be evidence of unauthorized employment. The test would be whether this is an active or passive investment. For example, renting a room in your home, where there is no service performed in return for compensation, generally would be considered passive. However, setting up a company that purchases multiple properties that you renovate, manage, and receive income from could be viewed as active, and your “work” for that company that you’ve created could be viewed as unauthorized employment. It is wise to consult with an attorney before making such investment choices to make sure that you do not put your nonimmigrant status and future green card case at risk. (02.Nov.2015)

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