Second job in US while on TN-1 Visa

rudle · Post by **rudle** » Tue Dec 23, 2014 4:36 pm

Hi there,

I have a TN-1 visa and I am presently employed as a Computer Systems Analyst. I'm interested in setting up some passive income, for instance, google adwords or selling courses on Udemy. Obviously, this money will eventually end up in my US bank account and if I will report it on my US tax return each year. At present I have no income from these alternative sources. Eventually, I hope to make upwards of $10,000/year working in this way.

Is this a violation of my visa terms? I'm not even sure how to phrase my question as a google search, so I'm hoping some humans can help me out. If it is a violation, I'm wondering if anyone can advise a legal way to generate passive income while still working in the U.S. Perhaps I can claim the money in my home country (where I have citizenship) and report it as income there on my U.S. return.

nelsona · Post by **nelsona** » Tue Dec 23, 2014 5:02 pm

It is a violation since it is NOT passive income. You are selling things, etc.And the work is being done in The US, which would require a second TN, which this work would not qualify for.

Passive income is investment income. You invest, nothing more.

Btw, it doesn't matter one iota where the money ends up. You are taxed on worldwide income even if it goes in a bank in the Caymans.