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 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. The situation is becoming even more confusing thanks to the conflicting announcements coming from the White House.
Related: US and UK Announce New Transatlantic Taskforce for Digital Asset Rules
For instance, White House spokesperson Karoline Leavitt said on X: “This is NOT an annual fee. It’s a one-time fee that applies only to the petition.” However, that statement goes against Howard Lutnick, the US Secretary of Commerce, who repeatedly mentioned that it is an annual fee.
Major US companies, like Microsoft, Google, Amazon, Goldman Sachs, and so on, have issued advisories for H-1B holders, especially those abroad, to return to the US or avoid international travel because of possible changes to visa fees or new restrictions.
It’s stated that the new fee policy is for new H-1B applications or petitions, not for renewals of existing holders.
H-1B visa and crypto investment
The fact that H-1B visa holders can legally invest or trade crypto is more than just an immigration footnote. It opens the doors for a large and possibly highly skilled workforce in tech and finance to participate more openly in the digital asset space.
H-1B workers are often employed at leading US tech firms, meaning their adoption could accelerate demand for regulated exchanges, secure custody solutions, and even stablecoin usage for remittances back home.
Still, it’s important to remember that since trading and holding crypto leads to gains or losses, H-1B holders must report properly. Plus, according to the new US laws, if their crypto trading becomes their main business or involves running a trading service, their status could be problematic.
Related: UK and US to Boost Cross-Border Crypto Access With New Agreement
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