Detroit, MI asked in Immigration Law for Illinois

Q: Hi, I’m on H1B visa, working for IT company. Can I create art in USA within my free time and sell in other countries?

Or can I create art in my home country while I’m on vacation and sell in other countries? If yes, can I sell in USA too?

Please let me know. Thank you!

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: As an H1B visa holder, there are some restrictions on your employment and income-generating activities. Here are a few key points:

1. H1B visa holders are typically only authorized to work for the specific employer who sponsored their visa. Engaging in work or earning income from other sources within the U.S. could be considered a violation of your visa terms.

2. Creating art as a hobby during your free time is generally allowed. However, if you start selling your artwork, it may be considered a form of self-employment or unauthorized work, which is not permitted under the H1B visa.

3. If you create artwork while on vacation in your home country, you may be able to sell it in other countries, depending on the laws and regulations of those countries. However, selling that artwork in the U.S. could still be problematic, as it may be seen as engaging in unauthorized work or business while on your H1B visa.

4. If you wish to pursue artwork as a serious income-generating activity, you may need to explore other visa options that allow for self-employment or starting a business, such as an O-1 visa for individuals with extraordinary ability or an E-2 treaty investor visa.

It is always best to consult with an immigration attorney who specializes in H1B visas and can provide guidance tailored to your specific situation. They can help you understand your options and ensure that you remain compliant with your visa terms.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.