H1b - Rental Property - Opening an LLC

[anon101]

Hi,

Me and My wife are currently on H1b. We own a house right now and are looking to buy another house. We are looking to rent the current house after moving into the new house. Could you please help me with the below Questions in this context:

1.) Is it okay for an H1b to Rent Houses? Are there any Tax related / Immigration related things that I may have to be aware of ?

2.) Can I open an LLC for the rental property? Is Opening an LLC a violation of H1b Laws?

Thank You.

[mikahawkins]

Yes, you can surely rent or buy a house using H1b visa. Renting is more profitable because even if your visa expires you will not have to bother about selling. On the other hand opening an LLC is a violation of H1b Laws.

[fairboy]

Well, it's been a while since you asked that question. It would be interesting to know what happened next with your family and how you dealt with the problems. I hope you were able to get a green card and become our fellow citizens. If so, I can congratulate you! If not, I wonder if you were able to carry out your plans. As for the opening of an LLC, I know that many Americans buy land in Canada or in Mexico and other South American countries to save money. And only then their services are rendered in the USA as a foreign LLC. A friend of mine bought land in EcoQuintas specifically for this, so buying land outside the USA may be a way out for you.

[anon101]

Did not open an LLC. Rented out the property and hired a property manager.

[RickMenezes]

I’m in the same boat and found that rental income is considered passive, so it doesn’t count against H1B work restrictions. I used https://www.elbosquenosara.com/ to learn how others manage rental properties while on H1B. As long as you're not actively running the business (like repairs or tenant screening), you’re usually fine, even with an LLC. Just make sure not to perform "active" work that counts as employment.

[SkipLegalHelp]

Owning rental property and earning passive income, is allowed under H1B rules as long as you're not actively managing the property. Passive income means you’re simply collecting rent without being involved in tasks like maintenance, tenant management, or day-to-day operations.

If you want to set up an LLC to hold the property, that’s also fine, as long as your role is strictly passive. Active involvement in managing the LLC or the property could be considered unauthorized employment, so it’s safer to hire a property manager for operations.

From a tax perspective, you’ll report rental income on Schedule E (Form 1040) and can deduct related expenses like maintenance, mortgage interest, and depreciation.

I'd suggest to consult an immigration attorney to confirm you’re staying within H1B guidelines and not crossing into active management. Hope this helps. I answer queries based on my knowledge, some help from websites like skiplegal.ai and experiences. Good luck!