# H4 - working self employed, all income resides outside US



## atomsound (Jul 31, 2011)

Hi all

I'm a little further down the visa research road, I have a question about the specific details of not being permitted to work on an H4 visa

On an H4, would it be possible to make jewellery at home, send it back to the uk for sale, keep all the income in a uk bank account, pay uk taxes etc? Essentially, all trade would take place outside the US, no US citizen would be deprived of a job etc.

Is it the case that any form of work is prohibited, even if all income and trade takes place outside the US? Is the letter of the law concerned with the activity of work, or the financial part of a business, or is it more about the fact that taking a job will prevent a US citizen from being able to do same job.

thanks!


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## Bevdeforges (Nov 16, 2007)

The law actually has nothing to do with preventing a US citizen from working. It's all about your being "tax resident" in the US, and thus subject to US taxation - income taxes, social security and whatever else.

The main determinant is whether you are considered a "resident alien" or a "non-resident alien." For details, see the 1st chapter in IRS publication 519. 
Cheers,
Bev


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## twostep (Apr 3, 2008)

Your product gets created in the US.


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## atomsound (Jul 31, 2011)

twostep said:


> Your product gets created in the US.


yes... and as such, this is not allowed?


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## twostep (Apr 3, 2008)

atomsound said:


> yes... and as such, this is not allowed?


Your product gets manufactured in the US. That you plan to export it has nothing to do with it aside from the fact that UK will impose import taxes.


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