Earning rental income on H1B visa

The situation that you describe may or may not be considered unlawful employment. On the one hand, you could argue that it is a passive investment as you employ a property management firm to handle the relevant duties and responsibilities associated with the rental of properties. On the other hand, the fact that you have multiple rental properties might indicate to a U.S.C.I.S. officer that you are more than a passive investor. Arguments cut both ways on this type of arrangement. The question of what you should do will depend upon whether you are willing to take the risk that U.S.C.I.S. will not buy your argument. Since this would mostly be an issue in the adjustment of status to permanent residence context, which is the last part of your immigration case, a denial of an I-485 application to adjust investment will likely leave you the option of changing the final situs of your immigration to an interview with an American Embassy or Consulate in your home country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.