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Can an immigrant holding a H-1B visa legally start their own home-based business.?

INS rules/regs have been researched and it does not address the question. Starting a home-based business when in country for a specific job, i.e. nurse; teacher, etc.
Anyone know for sure?

First thing to clarify is that a person with H-1B visa is not an immigrant because H-1B is a non-immigrant visa. You can stay in the US as long as you have the job for which you got your H-1B. Since, H-1B is issued for a specific employer you cannot go doing your ownn business.


6 Responses to “Can an immigrant holding a H-1B visa legally start their own home-based business.?”

  1. tick t says:

    I think you need to have enough funds( around $100,000).you can call their hotline and check it out.
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  2. Ford says:

    I am sure the answer is no
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  3. djfox_2001 says:

    If it not restricted you go and run any legal institution. But be very aware of US laws: try to obey ALL rules.
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    It is my personal advice

  4. orangemike says:

    It is considered a second job; I doubt it would be legal.

    http://www.ins.usdoj.gov/graphics/howdoi/h1b.htm

    "Who can an H-1B alien work for?

    "H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable
    rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer."

    The H1B Visa does not entitle you to be self-employed in addition to the work you do for the sponsoring company, since your self-employment is not a second employer who has filed a Form I-129.

    INS will generally not grant a petition for self-employed
    people, sez:
    http://immihelp.com/visas/h1b/
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  5. mwesigyecoug says:

    yes. check with immigration offices.
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  6. wonderme says:

    First thing to clarify is that a person with H-1B visa is not an immigrant because H-1B is a non-immigrant visa. You can stay in the US as long as you have the job for which you got your H-1B. Since, H-1B is issued for a specific employer you cannot go doing your ownn business.
    References :