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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 115450
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Is it legal to contract independently and get paid by a

Customer Question

Is it legal to contract independently and get paid by a client, when on h-1b?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot work for anyone but your H1B sponsor when you are in the US on the H1B visa. So, if you want to work as an independent contractor with the client, then the client needs to file an H1B for you in order for you to work for that client I am afraid. You can work as many jobs as you like while in the US, but each party you work for needs to file their own H1B for you.
Customer: replied 1 year ago.
Ok. That makes sense. Is there any limit on how few hours I can work on a second H-1B?Can this requirement be waived if it's a small amount of money and is less than the non-taxable gift limit for the year?Can I legally own a company but not register as an employee of the company? If as an owner if I contribute to the growth of the company but don't get paid a compensation is it ok, while being on H-1B and working for the sponsoring company? I read that there are issues with the owning company sponsoring the owner a visa as its required for the employer to have the ability to terminate the employment.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can work as much or little as you want on the second H1B.
There is no waiver for the H1B requirement if you are working for any company. You have to have the proper visa.
You can own a company, you cannot work for it and your company cannot sponsor you for a visa. You can own a company and have others work for you, but you cannot work for it yourself.