Question from aa, Can an H4 Visa Holder Living Outside the US for 9 Months Per Year Sell on Amazon?
Answer from AI:
The ability of an H4 visa holder to sell on Amazon while living outside the U.S. for most of the year is a complex issue that involves both immigration and business laws.
Understanding H4 Visa Status
An H4 visa is a dependent visa, allowing the spouse and dependent children of H1B, H1B1, H2A, H2B, and H3 visa holders to live in the U.S. However, the H4 visa does not automatically grant the right to work in the U.S. To work legally, an H4 visa holder must obtain an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS).
Amazon Seller Requirements
Amazon requires sellers to provide a valid U.S. bank account, a U.S. tax ID (either a Social Security number or an Employer Identification Number), and a U.S. address. However, Amazon does not explicitly state that sellers must be U.S. residents or citizens.
While it might be technically possible for an H4 visa holder living outside the U.S. to meet Amazon’s seller requirements, there are potential legal issues to consider:
- Immigration Status: Engaging in work without an EAD could potentially violate the terms of the H4 visa, even if the work is conducted primarily outside the U.S. This could impact the visa holder’s ability to reenter the U.S. or change their immigration status in the future.
- Tax Obligations: Earning income from selling on Amazon could have tax implications, both in the U.S. and in the visa holder’s country of residence. The U.S. has tax treaties with many countries, which could affect how this income is taxed.
Given these complexities, it’s recommended that an H4 visa holder considering selling on Amazon consult with an immigration attorney and a tax professional. They can provide advice tailored to the individual’s specific circumstances, including their country of residence, their immigration status, and their potential tax obligations.