Legal Question in Immigration Law in California

I am in USA on H1B visa. I am a hobby photographer. Can I upload my photos in stock photography websites and earn some money without violating any law?

Registration process of the stock photography websites include a step where W9/W8 forms to need to filled in. Is it something legal on H1B?

One of my friends is in USA on L1 visa. He also has the similar questions.

We do not want to do anything illegal.

Thanks,

Regards,

Snehansu


Asked on 9/28/09, 6:05 pm

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

These are very good questions. Technology has in some ways conflicted with immigration laws and I don't think it's entirely settled or clear what can and cannot be done. If your primary presence for your independent business is abroad and all transactions take place there without you having to do anything in the U.S., then it's probably OK, though you might be liable for taxes in the U.S. If no services are performed for yourself or others in the U.S. then this might be more akin to an investment in the U.S., but you should also check with an international tax account on this.I don't know how this could be viewed as W-2 income if you're not providing any services. A 1099 for passive income wouldn't violate immigration law. If you cannot get the photo website system to indicate you should get a 1099 for passive income, then the system will assume you're a W-2 employee and the government would agree. In that case, you shouldn't engage in this activity because it would be difficult to prove to the CIS that your income was not based on providing services. Note that self-employed income with a 1099 is not acceptable under U.S. immigration law.

I believe this area is ripe for the courts to begin issuing decisions and/or the immigration services to address formally. It comes up more and more often.

If you would like further information, feel free to let me know at 818 609 1953 or [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated in "Super Lawyers" by "Los Angeles Magazine" 2004-2009

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Answered on 9/28/09, 7:02 pm


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