Investing in Stocks while on H-1B visa in the U.S. (2024)

Updated on January 4, 2024

Investing in Stocks while on H-1B visa in the U.S. (1)

Written by

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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Investing in Stocks while on H-1B visa in the U.S. (3)

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Rohit Mittal

Investing in Stocks while on H-1B visa in the U.S. (4)

Reviewed by

Rohit Mittal

Rohit Mittal is the co-founder and CEO of Stilt. Rohit has extensive experience in credit risk analytics and data science. He spent years building credit risk and fraud models for top U.S. banks. In his current role, he defines the overall business strategy, leads debt and capital fundraising efforts, leads product development, and leads other customer-related aspects for the company. Stilt is backed by Y Combinator and has raised a total of $275M in debt and equity funding to date.

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At a Glance

  • H-1B visa holders can engage in stock trading in the U.S. if they have a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) and a personal bank account.
  • The USCIS does not regulate stock trading, but H-1B visa holders should avoid violating their visa status by day trading regularly.
  • H-1B visa holders should work full time for their sponsoring company and treat stock trading as a hobby or part-time work to maintain compliance.
  • Tax liabilities apply to income earned from stock trading, and professional help is recommended for filing taxes.

An H-1B visa holder is perfectly eligible to do stock trading in the U.S., provided he has a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), and a personal bank account in the country; to be able to open a trading account with one of the online stock brokers in the U.S.

The USCIS does not have a say on stock trading for H-1B visa holders, as it only publishes guidelines related to visa status. However, an H-1B visa holder should not violate the main status of his visa by indulging in day trading on a regular basis; he must work full time for the company that sponsored his visa, investing in stocks only as a hobby or part-time work for some additional income.

What is Stock Trading?

Stock trading is basically buying and selling of stocks (also known as shares) that are listed on a stock exchange, such as Bank of America, General Electric, AbbVie, Nokia, Coca-Cola and Oracle which are among the top 20 most active stocks in the US.

Trivia on Stock Trading

  • The first stock ticker appeared in 1867
  • Lion Country Safari stock symbol is GRRR
  • Meta Financial Group is lucky with its stock symbol, CASH
  • The highest priced share on NYSE is Warren Buffet’s Berkshire Hathaway, at $170,000 per share
  • Share trading may have begun as early as 9000 BC to 8000 BC, with time tokens made out of clay

(Source: http://www.h1bwiki.com/can-h1b-visa-holder-stock-trading-us/ )

Stock Trading Process for H-1B visa holders

  • Open a trading account with one of the online stock brokers in the U.S. Some of the popular options being OptionsHouse, Scottrade, ThinkorSwim, Trade King.
  • Think of the amount you want to invest (keep it small in the beginning).
  • List the stocks you are interested in. To learn about the subject, you may read from Investopedia and start following sites like Bloomberg and other financial sites.
  • Start Trading. You cannot trade on behalf of someone or for someone, it should be your personal account.

Day Trading vs Delivery Based Trading for H-1B

It is better for an H-1B visa holder to indulge in delivery based trading rather than day trading. As already stated above, an H-1B visa holder is bound to the company that sponsored his H-1B visa. Therefore, indulging in day trading would be a violation of this agreement. Hence, an H-1B visa holder must focus on his main job (the reason for his stay in the U.S.), and only invest in stocks as a hobby. Also, he must not be paid to do stock trading as this qualifies as a breach to his primary job.

Tax Liability on Stock Trading for H-1B Visa Holders

You are liable to pay taxes on each and every income you make in the U.S. Hence, there is no exception for income earned through stock trading, as it is as much of an income as any other.

So, if you have made any money or have done any transactions, it is a good idea to go to a tax consultant to get help with filing taxes.

Also, if you have lost money in stock trading, it may be tax deductible, offering you a rebate and other advantages. Hence, take professional help before filing taxes in the U.S.

In This Article

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  • How to Cash Out a 401(k)
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  • What Happens to a 401k When You Quit?

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

See author's posts

Investing in Stocks while on H-1B visa in the U.S. (2024)

FAQs

Investing in Stocks while on H-1B visa in the U.S.? ›

Trading stocks is not considered employment under H1B visa regulations. It's viewed as a personal investment activity. Therefore, it does not conflict with the H1B single-employer restriction.

Can you invest in stocks while on H1B visa? ›

Yes, as an H-1B visa holder, you are permitted to invest in the U.S. stock market, which includes option trading. However, this should be done as a form of passive investment and not as your primary occupation.

Can H1B visa holders invest? ›

Multiple Employers: H1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer. Investments/Finance: ​H1B visa holder can buy or sell real estate or any other property in USA. H1B visa holder can invest in the stock market as well.

How to earn passive income while on H-1B? ›

Become a non-accredited or accredited angel investor. You don't manage the company you invest in, and you're not tied to it materially, but you do receive passive income from investments. Buy rental property and rent it out through Airbnb or a similar company. You can also rent a room out in your home.

Can H-1B employees do day trading? ›

In fact, there is no immigration rule that clearly tells that you can do Delivery based Stock Trading or Day trading. The immigration rules for H1B tell that you need to work full time for your H1B sponsor and maintain status. You may do passive investments like Stock Trading.

Can H1b get 1099 income? ›

H1b is a work visa which allows one to work only for a sponsoring employer. 1099 income is Okay as long as you have a Valid H1b with one employer who provides you a W2. You will need to disclose all income in your tax return - W2 primary income and 1099 passive income.

Can you invest in stocks if you're not a US citizen? ›

There is no citizenship requirement for owning U.S. stock and foreigners can easily access U.S. stock through U.S.-based brokers and international brokers. Despite its popularity among foreign investors, many foreigners haven't properly planned for the U.S. estate tax consequences of owning U.S. stock.

Can I open Roth IRA on H1B? ›

Can I Save Into The Account If I'm On A Work Visa Like H-1B? This Roth IRA question comes from foreign nationals working in the US on work visas, like H-1B, 0-1, TN, L-1, O-1, etc. The simple answer is yes you can save into a Roth IRA account, using your US–earned income.

Can H1B invest in 401k? ›

Contributions to a 401(k) plan are highly recommended for H1-B visa holders, even if you're uncertain of spending your retirement years in the United States. What is this? There are several reasons why you should contribute: (1) Contributions to a 401(k) are tax-deferred in the contribution year.

Can I start LLC on H1B? ›

Therefore, H-1B visa holders can indeed start an LLC, but it must be managed within the constraints of their visa status to remain compliant with U.S. immigration laws.

Is Airbnb allowed on H-1B? ›

Don't overthink! Airbnb/Renting a property is okay on H1B. We do similar thing by investing in equities. You just need to make sure you are not employed by another legal entity so if you are starting a LLC make sure that you are not holding any paid position in the LLC.

How to make $1,000 dollars passive income a month? ›

Passive Income: 7 Ways To Make an Extra $1,000 a Month
  1. Buy US Treasuries. U.S. Treasuries are still paying attractive yields on short-term investments. ...
  2. Rent Out Your Yard. ...
  3. Rent Out Your Car. ...
  4. Rental Real Estate. ...
  5. Publish an E-Book. ...
  6. Become an Affiliate. ...
  7. Sell an Online Course. ...
  8. Bottom Line.
Apr 18, 2024

Can I work 20 hours on H-1B? ›

Yes, it is possible to get an H1B visa for a part-time job. This is confirmed in the regulations at 20 C.F.R. 655.730(c)(6). The Department of Labor considers “full time employment” to begin at 35 hours per week, so any employment arrangement with a lower number of work hours would qualify as part time positions.

Can H-1B buy Bitcoin? ›

The profits and losses you make trading cryptocurrency are considered capital gains and capital losses. This means whether you are on an F1, H1B, J1, L1, OPT, or a refugee, you are allowed to trade all kinds of different cryptocurrencies such as Bitcoin or Ripple.

Can I work more than 40 hours on H-1B? ›

While H-1B visa holders do have some restrictions imposed on them by U.S. immigration law—including not being allowed to work off-site—they are generally permitted to have more than one job as long as their total hours do not exceed 40 hours per week limit imposed by U.S. labor laws or any other limits specified by ...

Can you trade stocks on a visa? ›

According to the U.S. Securities and Exchange Commission (SEC), non-U.S. citizens, including F-1 visa holders, are allowed to buy and sell stocks and other securities, provided that they comply with the same laws and regulations that apply to U.S. citizens.

Can H1B invest in a 401k? ›

Contributions to a 401(k) plan are highly recommended for H1-B visa holders, even if you're uncertain of spending your retirement years in the United States. What is this? There are several reasons why you should contribute: (1) Contributions to a 401(k) are tax-deferred in the contribution year.

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