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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Is renting out my house and getting 1099 from AirBnb legal

Customer Question

Is renting out my house and getting 1099 from AirBnb legal in H1B visa ?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: Green Card in process....Current H1B with I140 approved
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: nothing
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Judith replied 3 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

That is walking the fine line.

It is not like buying an investment property and turning over the management to a property manager so you are strictly a passive investor.

Renting out the house or a room through airbnb is not necessarily passive because you have to go on the site and list it; as host, provide activity suggestions and recommendations for "things to do"; and clean and prep the space for the "guest".

Unless you actually hire someone to do the work of listing, hosting and cleaning and maintenance, you are doing actual productive work as a self-employed inn keeper and that would be unlawful employment.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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