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F1 Visa, Real Estate Business

Talk about immigration laws here

F1 Visa, Real Estate Business

Postby Eilwen » Thu Dec 01, 2016 12:13 am

I am a F1 Visa holder. I am doing business as a Sole Proprietor. No partners, no employee. I am buying, renting and selling properties. I would like to ask if that makes me "employed"? I just know I am actively participate in the business. And CAN I TAKE PROFIT WHEN I RESELL THE PROPERTY AND COLLECT RENT?
Eilwen
 
Posts: 43
Joined: Thu Jan 09, 2014 12:02 am

F1 Visa, Real Estate Business

Postby Coburn » Thu Dec 01, 2016 11:22 am

I am a F1 Visa holder. I am doing business as a Sole Proprietor. No partners, no employee. I am buying, renting and selling properties. I would like to ask if that makes me "employed"? I just know I am actively participate in the business. And CAN I TAKE PROFIT WHEN I RESELL THE PROPERTY AND COLLECT RENT?
Coburn
 
Posts: 36
Joined: Mon Apr 07, 2014 3:40 pm

F1 Visa, Real Estate Business

Postby Marston » Sat Dec 03, 2016 12:15 am

That's the best question that I've been asked in quite some time.  I don't believe that there is a clear answer to this.  However, I will speculate a bit.

If a person is on an F-1 and is therefore not eligible to work, passive investment is generally permitted.  I see the purchase and sale of real estate as similar to the purchase and sale of stock, which is normally seen as passive investment.  It is possible that if the income became high(how high is anyone's guess) that USCIS would claim that you were "employed".  I think that the more active you become in the management and renovation of the properties, the greater the liklihood of USCIS claiming employment.
Marston
 
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Joined: Thu Feb 06, 2014 9:40 pm


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