Jump to content
Justin2490

O1 visa and foreign income

10 posts in this topic

Recommended Posts

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

I would not say field.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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.


Hollywood North

Former: TN1, H1B, O1 worker

Currently: FB-1: I-551 approved in MTL 04/04/16. Issued 04/06/16.

Share this post


Link to post
Share on other sites

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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.


Hollywood North

Former: TN1, H1B, O1 worker

Currently: FB-1: I-551 approved in MTL 04/04/16. Issued 04/06/16.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×