Can I Work for Indian Company on H4
Can H4 Visa Holders Piece of work Freelance?
Posted by Frank Gogol
The H4 visa has been described equally the gilt cage. On newspaper, it seems similar a great bargain. It allows firsthand family members of H visa holders (who are working in the U.S. temporarily) to also alive in the U.South. with their families. Just what y'all don't meet at start glance is the many limitations the H4 visa holds.
Two of the nigh challenging limitations are that yous as an H4 visa holder tin't obtain a social security number, and you lot besides can't work legally in the U.S. on the H4 visa lone.
Many H4 visa holders have been request, "can I do freelance work on H4 visa?". Freelancing seems like an easy answer to the work problem. Yous're not employed by a specific employer only simply providing a service in substitution for money. Especially if you do freelance work for a visitor that isn't based in the U.s.a. only possibly based back abode. Then you are frequently not even earning U.S. dollars.
Is freelancing on an H4 visa the ideal loophole? Unfortunately, it isn't that uncomplicated.
Below we reply the question, "can I practice freelance work on H4 visa?".
Can H4 Visa Holders Work as Freelancers?
There are many different facets to this question, but the brusk answer is no, you lot tin't.
If you are but an H4 visa holder without any additional authorizations, you are not immune to do freelance piece of work while yous are in the United states of america. It works just the same equally you not existence allowed to be employed or piece of work in the United States.
This limitation also applies irrespective of where your clients are located or in what currency you go paid. Even if your client is based back in your dwelling house country and pays you into your depository financial institution account from your home country, it volition still be a violation of your H4 visa.
The good news is, nevertheless, simply like you lot are allowed to work in the United States if you have an H4 Employment Authorization Document (EAD), you lot tin can also exercise freelance work if you lot accept an H4 EAD.
What is EAD?
An Employment Authorization Certificate (too known every bit Form I-766 or EAD) is a document that authorizes a nonimmigrant visa holder to work in the United States if their visa doesn't automatically provide for this correct. To be allowed to work, you must seek permission from the United States Citizenship and Immigration Services (USCIS). The EAD itself (a small card) is proof that you have received this permission and that y'all are allowed to work.
Before 2015, H4 visa holders weren't allowed to work in the United States at all. Later on 2015, certain H4 visa holders are allowed to piece of work if they have an EAD. The EAD doesn't limit you to a specific sector or type of task. You lot can work in any industry for whatsoever employer, and y'all tin can even freelance.
The following H4 visa holders can employ for an H4 EAD:
- Yous have an approved I-140 (Immigration Petition for Conflicting Workers), or
- You lot have an H1B visa spouse with visa status lasting longer than six years under the AC21 Act.
Although there have been many upset and lawsuits effectually the H4 EAD, the H4 EAD hasn't been revoked just all the same.
And then now you lot know you can freelance on the H4 EAD. But how practice you get about freelancing on EAD?
How to Freelance on EAD
Well, you first need to become an EAD. You can apply for an EAD by using Class I-765, Awarding for Employment Authorization. You tin read more here on how to apply for your H4 EAD.
Here are the two most important things you demand to know:
- It costs $410 to utilize.
- The application takes betwixt 150 to 210 days (five to vii months) to procedure, then employ as shortly equally possible.
To utilise, you will need to provide the following documents:
- Marriage document (proving y'all are married to an H1B visa holder).
- A re-create of your Class I-94 or Form I-797 (proving you H4 status).
- A re-create of your previous EAD (if you have been issued with i).
- 2x passport photos (make sure they are in color).
- Course Grand-1145 (Due east-notification of Application Acceptance) if you want to be e-mailed or receive a text message one time your application has been accepted.
- Proof of eligibility by providing a re-create of your spouse'south Form I-94 or H1B nonimmigrant passport, prior Grade I-94, and electric current Class I-797 for Form I-129.
- Copies of your and your spouse'southward passports.
- Either your government-issued ID (with photo) or your birth certificate (with photograph) or your visa issued by a foreign consulate or your national ID (with photo).
Once the USCIS has processed your awarding and accept approved your EAD, you can work in the United States! You can work for any employer, merely you can as well freelance. Remember, your EAD blessing discover (Form I-797C) isn't your actual EAD. Yous have to look for your actual EAD before you tin start working.
There are many ways to start freelancing in the U.Due south. You tin can use freelancing platforms like Fiverr and Upwork. Or, if you already have an established business outside of the U.S., you tin can continue doing that. With most of the earth being online these days, freelancing is easier than ever.
Remember that in one case you have received your EAD, information technology is but valid for a specific catamenia. This catamenia is typically one year. If yous plan to stay in the Us for longer than this and want to go along doing freelance piece of work legally, y'all accept to renew your EAD before information technology expires.
Finally, as with any other chore, you must remember to report your earnings to the Internal Revenue Service and file a tax return for each year you lot worked.
Conclusion
At present you know the reply to "tin can I do freelance work on H4 visa?".
Although freelancing isn't the perfect loophole to earning an income on an H4 visa, it certainly is an option if you can get an EAD. The processing time for an H4 EAD is long, so if you are eligible, utilize as soon every bit possible.
Recall, if you lot don't accept an EAD, then doing whatsoever form of freelance work, even if it is outside of the country, will technically exist a alienation of your H4 visa. So rather play safe than deplorable.
Stilt, Inc strives to keep this blog information authentic and upward to date. All information is presented without warranty. Discrepancies may be constitute. This blog does not consist of legal advice.
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Source: https://www.stilt.com/blog/2020/08/h4-visa-freelance/
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