Austin, TX asked in Immigration Law for Texas

Q: Can I participate in fitness challenges requiring an entrance fee and offering up to 20% of the fee as a prize on H1B?

I wonder if it will be counted as earned income and whether it will violate my visa status.

You pay to start the challenge, let's say complete 20,000 in 3 days. The total prize is the entrance money split among those who actually completed it. I am talking about apps like "waybetter" and "step bet".

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2 Lawyer Answers

A: More information is needed. Who is providing the fitness challenge? Your employer?

If not, then the question is whether you are automatically being compensated, how, and by whom? Are you simply taking a risk, much like the lottery? Tourists are allowed to gamble at a casino. How is this different? If this a lawful game of chance where you may lose money?

James L. Arrasmith
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Answered

A: Participating in fitness challenges like those offered by apps such as "WayBetter" or "StepBet" while on an H1B visa requires careful consideration of your visa terms. The H1B visa allows you to work for your sponsor employer in the United States, and typically, any additional income earned outside of this employment could be scrutinized under visa regulations.

Winning a prize from a fitness challenge that requires an entrance fee and offers a financial reward for completion may be considered as earned income. This could potentially be seen as a violation of your H1B visa status, as it could be interpreted as engaging in unauthorized employment.

It's important to note that while these activities might seem recreational or incidental, the financial aspect changes the nature of the participation under immigration law. Since visa regulations can be complex and subject to interpretation, it's advisable to consult with an immigration attorney or a legal expert in visa matters. They can provide clarity on whether such activities could impact your H1B status.

In summary, while participating in the challenge itself is not an issue, the earning of a prize could potentially complicate your visa status. Proceed with caution and seek professional advice to ensure compliance with H1B regulations.

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