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How F-1 visa plays with royalties earned?

Immigration 3 views 3 answers
Is it legal with a F-1 visa to keep receiving royalties from iTunes, Amazon .etc for the released music before coming to the US? I get paid from a non-US based distribution company (but they do distribute in the US). So are there any chance of releasing my work while in the US? (What if the work are completed back in my home country, but just releasing while in the US) And I would also like to know, if I go back to my native country for the vacation and release more music, is it acceptable to receive their royalties too when I arrived back in the US after the vacation?

Attorney Answers

3
Andrew Bartlett ·
There was a similar question answered today. You might find it helpful. The issue is whether you work in the United States when you are not authorized to. If you receive royalties for work done outside of the US, and absolutely no work was done here while you were an F-1 - even to manage the business - then it is hard to see how you might be "working" in the US. You are financing your studies through funds from outside the country. Otherwise, no author could come to the US for a long holiday. If it were me, I would make sure that there is clear evidence of all the music release work you do back in your home country, to account for every new track that you sell. As you describe it, it does not smell iffy to me. But you might want to have an agent in your home country handle all emails and transactions from your distributor. These are just general comments based on a fact pattern. It is not advice to you or anyone The comments should encourage you to go see a business-minded immigration attorney to see whether your plan smells good to her as well. Good luck.
0 upvotes
Adan Vega ·
The receipt of royalties in the U. S. for work product rendered and produced outside the U.S. does not normally constitute employment in the U.S. You may want to visit with an attorney to analyze what activities you are conducting in the U.S. to determine whether you are in fact performing activities ( writing music, etc.) that may be construed as employment in the U.S.
0 upvotes

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