Can i earn passive income using my online course while on F1 STEM OPT

[srajeevan 5]

Hi,

 

I am on F1 STEM OPT currently.I am married to an LPR and i have filed for my I-130 and AOS for family based immigraiton.

My I-130 is approved and waiting for the next steps in adjusting status.

 

I have an online course developed and it is available online as a free course.I work in tech industry and my course is tech related only.

Ideally i can earn some money if i make that course as a paid course.

My question is ,if i make that course as a paid course would that in any way cause any issues for visa status.?

I know that while on F1 ,one should work in the field of study and work 40 hours a week.

But i am not sure about earning passive income.

My biggest concern is if i earn this passive income,would that cause any issues(tax issues) while my adjustment of status for GC is processed.?

 

Any info on this is appreciated.

[eliottreid 9]

5 minutes ago, srajeevan said:

Hi,

 

I am on F1 STEM OPT currently.I am married to an LPR and i have filed for my I-130 and AOS for family based immigraiton.

My I-130 is approved and waiting for the next steps in adjusting status.

 

I have an online course developed and it is available online as a free course.I work in tech industry and my course is tech related only.

Ideally i can earn some money if i make that course as a paid course.

My question is ,if i make that course as a paid course would that in any way cause any issues for visa status.?

I know that while on F1 ,one should work in the field of study and work 40 hours a week.

But i am not sure about earning passive income.

My biggest concern is if i earn this passive income,would that cause any issues(tax issues) while my adjustment of status for GC is processed.?

 

Any info on this is appreciated.

As an F1 STEM OPT you're allowed to work as many hours as you want above 20 as long as the employer is on E-verify. If it's self-employment, you have to register your company on E-verify.

[eliottreid 9]

I also believe the rules have changed recently so I would double check with your school as they are aware of all the rules like the ones for self-employment. 

EDIT: https://isss.umn.edu/fstudent/stemoptextension.html
As noted on this website, the rules have changed, you have to have an employer other than yourself and receive training on site not online, so no you cannot have a paid job online sorry. 

Edited September 13, 2019 by eliottreid

[srajeevan 5]

Thanks for the information.It is not self employment i would say.For example,if i have a you tube channel which gives me passive income ,would that consider as self employment.?I am not sure.

[SusieQQQ 11,584]

If you have developed and then sell the course to earn income, then that is (obviously) income from selling the course. That counts as earned income not passive income. Did you create this course while in the US on your F1 status? 

You might want to consult a lawyer on this, this is not a tax issue, this is a violation of status issue in my reading.  Remember any violation of status will prevent you being able to adjust status as your spouse is a LPR and not a citizen. 

 

 

 

[eliottreid 9]

Just now, srajeevan said:

Thanks for the information.It is not self employment i would say.For example,if i have a you tube channel which gives me passive income ,would that consider as self employment.?I am not sure.

I just edited my previous response. The laws have changed: volunteering, temp agency, online work are not considered part of the STEM OPT so you can only do them for yourself for free. 

[SusieQQQ 11,584]

Just now, srajeevan said:

Thanks for the information.It is not self employment i would say.For example,if i have a you tube channel which gives me passive income ,would that consider as self employment.?I am not sure.

It’s not passive income, you are doing something (developing the YouTube content) to get that income. Passive income in this context is like interest or dividends on investments you happen to own, maybe rental income on a property that someone else does the management of. The stuff you are talking about is earned income,

[srajeevan 5]

Okay.Yeah.I understand.Anyway i am not earning any income from that course and may be i will make it paid course once i become an LPR.

Once i am an LPR ,i think i can earn income through my course.

 

 

Edited September 13, 2019 by srajeevan

[SusieQQQ 11,584]

Sure, once you are an LPR you are free to do any work here you want to do. Just remember to declare on tax returns etc. 

Edited September 13, 2019 by SusieQQQ

[geowrian 22,336]

Agreed with consensus above. Passive income is perfectly fine (so long as Uncle Sam gets his cut of course). Income is never the immigration issue...the issue is employment.

YouTube videos, selling courses online, etc., would be self-employment.

(Although I can imagine most youtube personalities who make vlogs of their travels and such - including any editing, production or distribution of the content while abroad - probably are not using the proper visa to do so)

 

If you already had the courses and are no longer engaging in employment activities, that would be fine. Think of past youtube videos who are earning ad revenue while you're on vacation. Or an author who released a book and is earning money on that while abroad.

If you are making new content for sale, editing existing content, or engaging in other active employment activities, then that would cross the line into unauthorized employment.

[srajeevan 5]

Hi,I want to update that my H1B petition got approved and i believe that from Oct 1st onwards i am no longer in F1(OPT) status.

Does that change anything regrading my earned income from the online course.?

1. Do i have to register that as a self employment.? 
2. Is it legal to earn from the online content while on H1B. or is it considered as unauthorized employment.?

@geowrian@SusieQQQ@eliottreid

[geowrian 22,336]

No change - H1B only permits work for the specified employer. Self employment would still not be permitted. Passive income (including investment) is fine still, but not actual work.