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Immigration Issues/F1 Visa, real estate business


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?

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.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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