Kamal Ghorui
With several guns trained at H-1Bs in the US and especially in Texas, several social media posts have now flagged home kitchen businesses being run by visa holders ‘illegally’. H-1B and their dependents H-4 visas are not legally permitted to do a side hustle in the US and the laws are so strict that content creators are not allowed to monetize their channels but people are advertising their small catering services in closed Facebook or WhatsApp groups hiding from the public eye and scrutiny, the allegations said. One such post showed that an Indian woman in McKinney is offering North Indian crusine for small parties and occasions, for minimum 12 to 15 people. The allegation pointed out that this is illegal by McKinney’s local laws as they must have a food establishment permit, have regular inspections and can not operate hot meal catering from a residential kitchen. The allegation pointed out that such operations are illegal on two counts: One, if they are on H-1B or H-4 visas, but if they are not visa holders, then also it is illegal as the Texas Cottage Food Law only allows baked goods to be made at a residential kitchen — not hot trays.
What does the law say about side hustles for H-1B visa holders?
H-1B status authorizes the visa holders to work only for the specific employer that petitioned for (and received approval of) their H-1B petition, and only in the specific specialty occupation and conditions described in that petition. Any other employment whether it’s freelancing, driving for Uber/DoorDash, consulting on the side, independent contracting, running a side business that involves active work, or even some content creation/coding gigs is considered unauthorized employment by USCIS. The income may be small, and the clients may be outside the US.Passive income is allowed from investment, stocks, rental as long as they do not require the visa holder’s active participation.H-4 visa holders with EAD can own and operate a business as long as it does not violate any other laws.
