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  1. #1
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    Foreigners in US
    This question is about those who come to the US (like me) for work - on a H1B (or some other work visa). Is affiliate marketing allowed? If yes, what are the rules? Are we supposed to "work" for our employers only, not for anyone else (even ourselves, meaning can't do business)?

  2. #2
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    If you have a valid visa, you should be able to do affiliate marketing. I have a 'green card' so I can pretty much do anything an American citizen can do, except vote.

    It might be different with other visas though. Check with the immigration department. Better to check before you do something you shouldn't do.

  3. #3
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    I did ask a few friends of mine, who have been here for some time (I'm just a few months old here). According to them, you can do biz etc when you have EAD or green card (as you said, with green card, you could do everything but vote), not on other visas. I got disappointed when I heard it. They're sure of biz, but they don't know about affiliate marketing.

    Anybody has more ideas on this?

  4. #4
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    If you can work in the US, then you should be able to do aff. marketing.

    You really need to check with the authorities though. Get an answer from a .gov website

  5. #5
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    ok. Not sure which gov site to look into, will google it and see if I can find an answer.

    If anyone is in the same boat and doing aff marketing, it would be great if you can share your views.

    Thanks so much Julian.

  6. #6
    The Seal of Aproval rematt's Avatar
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    Quote Originally Posted by anabayan
    ok. Not sure which gov site to look into, will google it and see if I can find an answer.

    If anyone is in the same boat and doing aff marketing, it would be great if you can share your views.

    Thanks so much Julian.
    The site that you should check is the U.S. Citizenship and Immigration Service (USCIS).

    According to this:

    Who can an H-1B alien work for?
    H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.
    I would say the answer is no, however I would speak to someone there to get the definitive answer since this doesn't address being self employed.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

  7. #7
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    Thanks so much rematt.

    I also thought the answer would be no. I'm terribly disappointed. I got my adsense approved, no use now I guess.

  8. #8
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    I would never suggest breaking the law... but, you cannot be stopped from creating a website.

  9. #9
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    of course, I can create websites/blogs etc. But I can't earn from them. And yes, I would never break the law.

  10. #10
    The Seal of Aproval rematt's Avatar
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    Quote Originally Posted by anabayan
    of course, I can create websites/blogs etc. But I can't earn from them. And yes, I would never break the law.
    I'm sure that's what Julian meant. I would definitely speak to someone at the USCIS before throwing in the towel.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

  11. #11
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    Thanks so much, rematt.

    I guess I'll just make some hobby sites then

  12. #12
    ABW Ambassador Sam Bay's Avatar
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    Until you start making thousands monthly, you can treat it as hobby and still earn money from your websites (and pay taxes on them when applicable). And you're allowed to form and own a corporation (unless you're on tourist visa) so when you start making enough money you can consider that route.

  13. #13
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    wow, so I can earn money from my websites? thats cool. this means

    1. I can set up affiliate websites
    2. Make some money, and show it in my tax returns and pay the taxes, in my name? or do I need to register an LLC even if I make just a 100 dollars a month?

  14. #14
    ABW Ambassador ladidah's Avatar
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    What country are you from?

    If you are from say Europe, why not get an account for European publishers from Google Adsense. Use an European domain and follow their rules. If you can automatic deposits to an account that would be good. So that way if you decide to go back to your home country, you have a head start. But of course, I don't know your specific circumstance and future goals as far as where you are planning to live in the future...

    edit: I would always check with Google to make sure you follow all rules. Nothing worse than setting up a site, spending time and not being able to monetize. goodluck.

  15. #15
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    I'm from India. I'm not sure about my long term plans but would be here for at least 18 months. May be I'm thinking about tax and money too early, as I'm just a beginner, but I think its better to know the rules, so I don't end up breaking them, even unknowingly.

  16. #16
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    H1B ties one to the employer that got you the H1B.
    You need to consult a lawyer before you jump on this.

  17. #17
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    Hmm OK, will do. will post here, what the lawyer or accountant says (I guess I need to go the lawyer first?) Till then, I guess I'll just make some hobby sites :-(

  18. #18
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    I would try contacting a local accountant, they should know. You might be able to get that info for free over the phone. Call them up and say, Hey, I'm looking to start a business, making money with websites and I'm going to need an accountant but first I need to know if I'm even legal to do so. That should result in some free info from somebody that should know.

  19. #19
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    :-) that is a good idea :-)
    will post here once I get the info.

  20. #20
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    I would be very careful about relying on free legal or accounting advice acquired from an unknown person over the telephone. Free advice is usually worth every penny you pay for it.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  21. #21
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    an accountant is hardly the right person to ask about foreign workers on work visas. Phone the department of homeland security and ask someone

  22. #22
    ABW Ambassador Sam Bay's Avatar
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    Forget accountants and lawyers When you do start making money, just contact IRS directly and explain your unique situation. They have great 'customer' service and they are the most accurate source of information in these matters.

    As a foreign individual you are unable to setup an LLC or an S corp but you can form a C corp (which is a completely different entity than yourself).

  23. #23
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Quote Originally Posted by Sam Bay
    Forget accountants and lawyers When you do start making money, just contact IRS directly and explain your unique situation. They have great 'customer' service and they are the most accurate source of information in these matters.
    I couldn't disagree more.

    First of all, the record of the IRS in dispensing mis-information is legion. You cannot rely on the information they provide when you contact them with specific questions. (see IRS's "free" advice often wrong as an example.)

    Second, you would seriously consider contacting the most compulsive, strident, by-the-book, unsympathetic, powerful branch of the government and admit to them that you may have committed a crime?

    If immigration information is needed the 2 sources to consult BEFORE problems arise are the USCIS (ex INS) or an experienced immigration attorney.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  24. #24
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    hmm...I guess I'll just make hobby sites, without monetizing them, until I learn the rules for sure. Might take a few days, but I'll post here what I am able to find, it may be useful for others too.

  25. #25
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    good luck

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