November Soul

Hi,

I have a question about getting paid royalties while working on a H1-B.

If I were to write a piece of software while working for a company on a
H1-B, would I be able to get royalties from the sale of the software, and
would that be legal.

It would not be a job, since I'm not doing it for anyone or being paid to
write it., just reaping the royalties from the sales.

This would be the same as an author writing a book.

I just want to know if that is legal. Of course I'd be paying taxes on it
and everything.

If that's all okay, would I be able to employ someone to work on the game
for a cut of the profits? To cover something I can't do myself such as the
artwork etc. And would I be able to offset that expense against the royalty
payments?

Thanks,

Bob.




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denno

Hi:

It's not actually quite the same as an author with a book or a musician with a song as neither of these people would be here on a H1B.

Also, you cannot say for sure whether you would be selling, or most likely licensing your software to a US company though, it's probably going to end up being the case.

I don't know whether or not you can employ someone in the manner you suggest. Since there are usually relatively large amounts of money involved in these things, I would suggest that you go to an attorney who is used to doing such licensing deals for software and can answer the immigration issues it poses. You are going to need one to do the deal, write up and review contracts for you anyway.

Another possibility is that you set up a company in your home country and have any royalties and advances put through it.

D.

dunroving

- Not sure why you would think that, denno. I'm here on an H1, and am an author of a book, and am receiving royalties.

- I'm unclear on how "entrepreneurial" or "freelance" work is covered by nonimmigrant visas. In my case, it's OK, because publication of research and creative activity is part of the college professor tenure process - I'm expected to do it as part of my job.

- If it's not justifiably connected with your H1 job (e.g., if you were a part-time artist or craftsman, and sold your work for profit), it seems intuitively that this would be "illegal" work, but I don't know.

- As for your other question (offsetting the cost of paying someone to do your artwork), tax-wise it should be acceptable, but immigration-wise, I don't know whether an H1B nonimmigrant is allowed to "employ" a US citizen....

- have you tried posting on the immigration portal?
http://www.immigrationportal.com/