Randolph, MA asked in Immigration Law, Tax Law and Landlord - Tenant for Massachusetts

Q: Hello, if I rent a apartment &sublet it on airbnb or other website for few months is it legally allowed for a H1b holder

I may or may not earn through subleting, but could i do it ? if so for how many months? if i may use it to earn this as a side income? what is the allowable income I can generate, is there any cap? The landlord allows to sublet on weekly or monthly basis but me being the primary person renting. What are the limitation I would have on it ?

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If you're on an H1B visa and considering subletting an apartment on platforms like Airbnb, it's crucial to understand how this could impact your visa status. H1B visa holders are authorized to work only for their petitioning employer, and any income generated outside of this employment could be seen as a violation of visa terms. Engaging in business activities or earning income from sources other than your H1B sponsor is generally not permitted under the terms of the H1B visa.

While your landlord may allow subletting, doing so for profit while on an H1B visa introduces complexities. The U.S. immigration laws are strict about the type of activities and income sources allowable for H1B visa holders. Generating income through subletting could be interpreted as unauthorized work, especially if it's done regularly as a source of income. There's no specified cap or limit because essentially, such income generation could be outside the scope of permitted activities under an H1B visa.

Before proceeding with any plans to sublet, it's wise to consult with an immigration attorney to discuss your specific situation and ensure that any actions you take do not jeopardize your visa status. They can provide guidance tailored to your circumstances, including any potential pathways that might exist for legally generating additional income. Remember, maintaining compliance with your H1B visa conditions is crucial to your ability to stay and work in the U.S.

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