Can H4 Visa Holder Work From Home for Indian Company
Tin can H4 Visa Holders Work Freelance?
Posted by Frank Gogol
The H4 visa has been described as the gilded muzzle. On paper, information technology seems like a great deal. Information technology allows immediate family unit members of H visa holders (who are working in the U.S. temporarily) to also live in the U.S. with their families. But what you don't see at starting time glance is the many limitations the H4 visa holds.
Two of the most challenging limitations are that you as an H4 visa holder tin can't obtain a social security number, and you also tin can't work legally in the U.S. on the H4 visa alone.
Many H4 visa holders have been asking, "can I practice freelance piece of work on H4 visa?". Freelancing seems similar an easy answer to the work problem. You're not employed by a specific employer but merely providing a service in commutation for coin. Especially if you practice freelance work for a company that isn't based in the United States but perhaps based dorsum home. And then you are often not fifty-fifty earning U.S. dollars.
Is freelancing on an H4 visa the ideal loophole? Unfortunately, it isn't that simple.
Beneath nosotros answer the question, "tin I do freelance work on H4 visa?".
Can H4 Visa Holders Work as Freelancers?
There are many different facets to this question, but the short answer is no, you can't.
If you are simply an H4 visa holder without whatever boosted authorizations, y'all are not allowed to do freelance work while you are in the Usa. It works just the aforementioned as you lot non existence allowed to be employed or work in the United States.
This limitation also applies irrespective of where your clients are located or in what currency you get paid. Even if your client is based back in your home country and pays you lot into your banking concern account from your abode country, it will still exist a violation of your H4 visa.
The good news is, however, just like you are allowed to piece of work in the U.s.a. if you take an H4 Employment Say-so Document (EAD), you lot can as well do freelance work if you have an H4 EAD.
What is EAD?
An Employment Authorization Document (also known as Form I-766 or EAD) is a certificate that authorizes a nonimmigrant visa holder to piece of work in the The 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 pocket-sized card) is proof that you have received this permission and that you lot are immune to work.
Before 2015, H4 visa holders weren't immune to work in the United States at all. Subsequently 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 blazon of job. You tin can work in whatsoever industry for any employer, and y'all can even freelance.
The post-obit H4 visa holders can apply for an H4 EAD:
- Yous have an approved I-140 (Immigration Petition for Alien Workers), or
- You lot have an H1B visa spouse with visa status lasting longer than six years under the AC21 Act.
Although in that location accept been many upset and lawsuits effectually the H4 EAD, the H4 EAD hasn't been revoked just yet.
And so now yous know y'all can freelance on the H4 EAD. Only how practice you go almost freelancing on EAD?
How to Freelance on EAD
Well, y'all first need to get an EAD. You can apply for an EAD by using Form I-765, Application for Employment Authorization. Y'all can read more than hither on how to apply for your H4 EAD.
Here are the two most important things you need to know:
- It costs $410 to apply.
- The application takes between 150 to 210 days (v to seven months) to process, so utilise every bit soon as possible.
To apply, you lot will need to provide the following documents:
- Marriage certificate (proving you lot are married to an H1B visa holder).
- A re-create of your Form I-94 or Class I-797 (proving you H4 condition).
- A re-create of your previous EAD (if you have been issued with ane).
- 2x passport photos (make sure they are in color).
- Form Chiliad-1145 (E-notification of Application Acceptance) if you want to be east-mailed or receive a text bulletin once your application has been accustomed.
- Proof of eligibility by providing a copy of your spouse's Grade I-94 or H1B nonimmigrant passport, prior Form I-94, and current Form I-797 for Form I-129.
- Copies of your and your spouse's passports.
- Either your regime-issued ID (with photo) or your nascence certificate (with photograph) or your visa issued by a foreign consulate or your national ID (with photo).
Once the USCIS has processed your application and have approved your EAD, you can piece of work in the United States! You can work for whatever employer, but you tin also freelance. Remember, your EAD approval discover (Form I-797C) isn't your bodily EAD. You have to wait for your actual EAD earlier you tin start working.
At that place are many ways to get-go freelancing in the U.Due south. You can utilise freelancing platforms like Fiverr and Upwork. Or, if yous already have an established concern outside of the U.Southward., yous can go along doing that. With most of the world being online these days, freelancing is easier than ever.
Call up that once you have received your EAD, it is only valid for a specific period. This period is typically ane year. If you programme to stay in the United States for longer than this and want to continue doing freelance work legally, you accept to renew your EAD before information technology expires.
Finally, as with any other job, you must remember to study your earnings to the Internal Acquirement Service and file a taxation return for each year y'all worked.
Decision
Now you know the respond to "tin can I exercise freelance work on H4 visa?".
Although freelancing isn't the perfect loophole to earning an income on an H4 visa, it certainly is an choice if you lot can get an EAD. The processing time for an H4 EAD is long, then if y'all are eligible, apply every bit soon as possible.
Recollect, if y'all don't have an EAD, then doing whatever form of freelance work, even if it is outside of the country, will technically be a alienation of your H4 visa. So rather play safe than sorry.
Stilt, Inc strives to keep this web log data authentic and up 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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