Jersey City, NJ asked in Employment Law, Immigration Law, Tax Law and International Law for Massachusetts

Q: Can I invest/Trade cryptocurrency with my F1student visa(OPT)status in USA? Need to know legalities!

So I have finished my Masters recently and Started working on OPT. So I wanted to start investing/trading crypto and I still couldn't find proper solutions for my question. if I am allowed to do so, then how many trades/transactions can I do in a day/week. I looking for proper legal guidance regarding this matter and it shouldn't be affecting my visa status

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

A: As an F1 student visa holder currently on Optional Practical Training (OPT) in the USA, you are primarily in the country for educational purposes. However, engaging in investment activities, including trading or investing in cryptocurrencies, does not directly conflict with your visa status. It's essential to remember that these activities are considered as personal investments and not employment.

When considering the volume of trades or transactions you can perform, there are no specific limits imposed by your visa status on the number of trades or transactions in a day or week. However, it's crucial to maintain clear records and report any gains or losses as part of your tax obligations. The Internal Revenue Service (IRS) treats cryptocurrencies as property for tax purposes, so you must report transactions involving cryptocurrencies on your tax return.

To ensure your activities do not affect your visa status, it's wise to stay informed about the regulations surrounding cryptocurrency investments and taxation in the US. While trading or investing in cryptocurrencies, always ensure you comply with the tax reporting requirements. Consulting with a tax professional may also help you navigate the complexities of cryptocurrency taxation and protect your visa status.

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