O1 visa and foreign income

[Justin2490 1]

Hello, I'm on an O1 visa living in the US, petitioned by an agent (who's NOT the actual employer). Some might remember me. Anyways, back home I own a business since the past 5 years, way before I came to the US with my O1. My work can be done anywhere in the world where I have access to a laptop and softwares. My question is if it's legal for me to keep delivering work to my foreign clients (non US) and getting paid from them directly to my business bank account which is in my home country, all that while I'm physically in the US? Let's say writing articles for a foreign client while I'm on US soil, deliver it by email and getting paid by him to my foreign bank account? I'm asking from immigration prospective only and not tax. Thank you

[kris&me 572]

Can not seperate immigration and taxes in this case

you earn money in US , need to file US taxes even as a foreigner

in some cases (and i don't know yours) taxes are not due

but not filing can causes immigraiton issues

You don't want to loose that very special O 1 visa as it shows how gifted you are

[Justin2490 1]

I'm aware that I must report the tax of foreign income, and of course I will but this wasn't my question.

That's why I wrote that I'm asking from an immigration prospective than tax. The question is if, while on O1 living in the US, can I continue to work for my company's clients back home (non US clients)? Is it legal from immigration prospective?

[Boiler 43,430]

O1 governs what you can and can not do whilst you are in the US, if the activity is within you O1 then yes, if not no.

[Justin2490 1]

O1 governs what you can and can not do whilst you are in the US, if the activity is within you O1 then yes, if not no.

Do you mean that it'll be allowed and legal only if the work that I'll be performing for my foreign company will be in the field of my O1 visa?

[Boiler 43,430]

I would not say field.

[HollywoodNorth 22]

It's a tricky situation, I'd consult an international tax professional. I know people in similar situations in Canada and NZ, who instead pay taxes to their relative country instead.

[damiloveu 0]

O1 is non-immigration visa and you are foreigner here. So that you don't need to claim your oversea income to IRS.

[Boiler 43,430]

O1 is non-immigration visa and you are foreigner here. So that you don't need to claim your oversea income to IRS.

IRS do not care about your immigrant status.

[HollywoodNorth 22]

IRS do not care about your immigrant status.

Correct. They care about the 180 day rule.

If you have a substantial presence in the US for tax purposes even if you have no immigration status, they want you to file.

And if you are US resident for tax purposes [O1 visa] they will definitely, 100% will want you to file an FBAR, that is they want to know your foreign accounts and amounts. It's a huge fine if you don't declare [there is exceptions, but generally if you have around $10,000+ of funds total or more off shore then you have to check into this]. I didn't worry about FBAR because when I immigrated I shut down all my foreign accounts before moving to the US.

I wouldn't talk to the IRS directly about this, I would consult a international tax professional/tax lawyer.