Sasha

Dear All,
I have a potentially difficult question, since it requires information
from several areas, but hopefully someone might be able to answer.
I have practiced photography for several years, and have accumulated a
substantial number of images. At this point, I'm thinking about
starting a business selling prints and usage rights as a sole
proprietor. The issue in question is that I am employed by a university
as a postdoc on a J-1 visa (possibly switching to H-1B this or next
year). Has anyone been in a similar situation or knows whether this
represents a problem?
    >From the university point of view, I cannot accept employment elsewhere
on a regular basis (a salaried position). Can I be in compliance by
owning my business and working (for free?) to manage my intellectual
property and making relevant sales?
Thank you so much for any advice

Sasha

Joe Feise

Sasha wrote on 1/29/2005 12:04:
    > Dear All,
    > I have a potentially difficult question, since it requires information
    > from several areas, but hopefully someone might be able to answer.
    > I have practiced photography for several years, and have accumulated a
    > substantial number of images. At this point, I'm thinking about
    > starting a business selling prints and usage rights as a sole
    > proprietor. The issue in question is that I am employed by a university
    > as a postdoc on a J-1 visa (possibly switching to H-1B this or next
    > year). Has anyone been in a similar situation or knows whether this
    > represents a problem?
    >>From the university point of view, I cannot accept employment elsewhere
    > on a regular basis (a salaried position). Can I be in compliance by
    > owning my business and working (for free?) to manage my intellectual
    > property and making relevant sales?

You can start a business, but you can *not* work for it, not even for
free, without the appropriate work authorization.
CIS considers anything work that people are usually paid to do. Working
in a business is pretty much always paid. Even the owner gets paid,
maybe indirectly by making a profit, but it still is compensation, and
requires work authorization.
So, without work authorization, you can just be a passive investor in a
business and just collect dividends.

-Joe

Sasha

Joe Feise wrote:
    > Sasha wrote on 1/29/2005 12:04:
    > > Dear All,
    > > I have a potentially difficult question, since it requires
information
    > > from several areas, but hopefully someone might be able to answer.
    > > I have practiced photography for several years, and have
accumulated a
    > > substantial number of images. At this point, I'm thinking about
    > > starting a business selling prints and usage rights as a sole
    > > proprietor. The issue in question is that I am employed by a
university
    > > as a postdoc on a J-1 visa (possibly switching to H-1B this or next
    > > year). Has anyone been in a similar situation or knows whether this
    > > represents a problem?
    > >>From the university point of view, I cannot accept employment
elsewhere
    > > on a regular basis (a salaried position). Can I be in compliance by
    > > owning my business and working (for free?) to manage my
intellectual
    > > property and making relevant sales?
    > You can start a business, but you can *not* work for it, not even for

    > free, without the appropriate work authorization.
    > CIS considers anything work that people are usually paid to do.
Working
    > in a business is pretty much always paid. Even the owner gets paid,
    > maybe indirectly by making a profit, but it still is compensation,
and
    > requires work authorization.
    > So, without work authorization, you can just be a passive investor in
a
    > business and just collect dividends.
    > -Joe


Thanks for the reply, Joe.
It looks like setting up a business will have to wait.. In practical
terms, though: can I still set up a web site and sell my prints as an
individual? Or submit images to a stock photo agency, again as an
individual, rather than a company? In these cases, I would act as a
property seller, rather than a business. Would it change anything?
If you don't know the answer to these (I admit) very specific
questions, maybe you could refer me to someone who does?
Thanks again

Sasha

Joe Feise

Sasha wrote on 1/29/2005 18:13:
    >
    > Thanks for the reply, Joe.
    > It looks like setting up a business will have to wait.. In practical
    > terms, though: can I still set up a web site and sell my prints as an
    > individual? Or submit images to a stock photo agency, again as an
    > individual, rather than a company? In these cases, I would act as a
    > property seller, rather than a business. Would it change anything?
    > If you don't know the answer to these (I admit) very specific
    > questions, maybe you could refer me to someone who does?

Well, I don't know about such specific cases. But I do know that casual
selling of stuff is not a problem. For example, let's say you bought a
new laptop, and are selling your old one on eBay. That's ok.
But, you can't make it a business, for example, buying stuff in bulk and
then reselling the individual items on eBay. That would be a business.
It does not matter if you are acting as individual, it still would be a
business.
Thinking about your situation more, my guess is that setting up a
website where you offer prints for sale is a business, regardless if you
run it as individual or with a company name.
Submitting pictures to a photo agency is more of a gray area. They are
doing the selling. But still, you would get some kind of compensation
when the photos are sold. It is a bit like writing a book and having it
published. The publisher sells it, but you would get royalties. CIS
could consider that compensation for writing the book. I don't know if
there actually is case law about stuff like this, but I personally would
try to avoid anything that can look bad in CIS' eyes.
I think even lawyers don't fully agree if this is ok or not, but in any
case, talking to a good immigration lawyer about it can't hurt.

-Joe

Sasha

Thanks, Joe.
It looks like my options are somewhat limited for now.. And I'll take
your advice on seeing an immigration attorney to look at what's
available, since I wouldn't want to get kicked out just because of a
hobby :).
Thanks again

Sasha