Can I do scientific research at home with an H-4 visa?


andrejalobeanu

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With an H4 visa, could I do scientific research at home as an unaffiliated researcher? I would not be officially with any institution, not even in a foreign country. I would do it as a hobby and therefore not receive any form of compensation: no salary, no donations, no royalties. The only benefit would be improving my resume and avoiding to interrupt in my career, so I could apply for jobs (and get a H1B) when opportunities arise. To keep it simple, It would all be self-funded (no grants). 

 

Research activity mainly consists of programming, distributing free / open source software, publishing scientific papers in international journals and collaborating with other researchers from US and foreign institutions; occasionally participating in meetings and workshops.   

 

Currently I have a J1 visa, and I work as a research scholar for a US university; the reasons for switching to H4 are off-topic. This is very likely to happen next year and I want to make sure I can continue to pursue my research activities without any significant interruption, and without breaking any law.

 

On some other forums most people suggest that I should refrain from doing this, because it looks like employment. Some say that it's okay as long as I'm not getting paid... What do you think?

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On some other forums most people suggest that I should refrain from doing this, because it looks like employment.

 

That would be correct.  Employment in the U.S. with respect to a H-4 visa has nothing to do with getting paid or not.  The rule is that performing activities that are normally part of a job is employment regardless of compensation.  This restricts allowable to activities to those that are normally volunteer for everyone, e.g. helping at a church.

 

All the scientific research activities you mentioned ("programming, distributing free / open source software, publishing scientific papers in international journals and collaborating with other researchers from US and foreign institutions; occasionally participating in meetings and workshops") do not just look like employment, they would definitely be considered employment.  Doing this scientific research on a H-4 visa, whether at home or anywhere else in the U.S., would be considered illegal unauthorized employment regardless of getting paid or not.

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