Can H-1B Visa Holders Legally Invest or Trade Crypto in the US?

• H-1B holders can legally buy, hold, and trade cryptocurrencies as long as it’s done as passive investing and not as an unauthorized business or full-time trader work.
• H-1B holders must not operate a crypto business, do day-trading at a scale that resembles employment, or engage in trading activity that could be interpreted as unauthorized work.
• New proposed rules and fees for the H-1B visa, like the $100,000 fee, are causing a lot of worry and uncertainty for holders.

Generally speaking, H-1B holders can legally buy, hold, and trade cryptocurrencies as long as it’s done as passive investing and not as an unauthorized business or full-time trader work. Also, gains from crypto must be reported for US taxes (capital gains), just like stock or other investment income.

What H-1B holders should not do is operate a crypto business, do day-trading at a scale that resem…

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