Income from activities like YouTube/AdSense without work authorization, and immigration-law violation concerns
Hello, I’m currently employed on H1B. Recently, in addition to the sponsoring job, I started a YouTube channel, and I have a question about monetization, so I’m sending this consultation.
As far as I know, I shouldn’t have any side income beyond the sponsoring company for my work visa — I’d like to know if it would still violate the law even if I apply for YouTube monetization but don’t have the income from the videos deposited into my account separately. In other words, I’d like to know what would happen if I generate income through YouTube but don’t have it deposited into my bank account, and instead only actually receive the money into my account later, once I’ve received my green card (I’m currently preparing PERM with my current company).
For reference, I currently meet the eligibility requirements to apply for monetization but haven’t applied yet.
Hello. First, please don’t receive any payment. Basically, working outside your H1B company is prohibited, so the act itself is grounds for an immigration-law violation. Also, receiving payment would make it subject to tax reporting, which could be considered unauthorized employment. USCIS defines Fraud broadly to include concealing something to gain an immigration benefit, including deception, so even if you engage in the activity, the disadvantage of violating the rule becomes your own responsibility “if discovered.”
To put it conservatively: performing labor in any way other than working for your H-1B company is, first and foremost, grounds for a violation.
Whether or not money shows up in your account is not the important issue.
Please keep this in mind.