What happens to my H-1B if I work freelance on my free time? - EB5Investors.com

What happens to my H-1B if I work freelance on my free time?

I am a UX designer from South Korea working in Austin, Texas, on an H-1B visa. I have been employed full-time for two years now. I have a strong following on social media for my illustrations and design tutorials but I do not earn money of it and do it on my free time. But I was approached by a group of independent creators who want to hire me for freelance design work. I would like to make sure I am not violating the terms of my H-1B visa if I say yes.

Answers

Yuliya Veremiyenko-Campos

Yuliya Veremiyenko-Campos

EB-5 Immigration attorneys
Answered on

Your H1B status allows you to work for your H1B employer only. Thus, the freelance work could be considered as an unauthorized employment, and you will be in violation of your H1B status.

Calvin Kourosh Azadi, Esq.

EB-5 Immigration attorneys
Answered on

Generally, the H-1B visa doesn't allow for the beneficiary of it (you) to engage in employment for any entity, including for yourself, other than the petitioner (H-1B sponsor), but there are alternatives like amending the H-1B petition or changing status to an O-1 visa, assuming you qualify, through a filing agent (Azadi Law P.A. offers this), which allows you to work for more than one entity.

Renata Duarte

EB-5 Immigration attorneys
Answered on

H-1B visa holders are authorized to work only for the sponsoring employer and in the specific role outlined in the approved petition. Any employment outside this scope, including freelance work, is considered unauthorized.
Before engaging in any freelance or additional work, consult with an immigration attorney to explore legal avenues or other visa options that may accommodate your goals.

Peter Zhang

Peter Zhang

EB-5 Immigration attorneys
Answered on

You may not perform freelance work outside of your H-1B employment unless each independent client or project sponsor files a separate H-1B petition on your behalf.

Jan H Brown

Jan H Brown

EB-5 Immigration attorneys
Answered on

You can only work within the scope of your H-1B for that employer. However, you can get a simultaneous part time H-1B to work for a second employer. Please call my office for a consultation if you would like a deeper strategy.

Tony W. Wong

EB-5 Immigration attorneys
Answered on

No, H-1B must work for the sponsoring employer. Freelance works can mean working as an independent contractor or maybe for another employer, which is not allowed.

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

I suggest a concurrent H-1B for this endeavor if the job description will qualify. Otherwise it would be unauthorized employment.

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