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Is it bad to get 1099 K from Airbnb when you are on an H1b visa?

Although you’re supposed to exclusively work for the employer that filed a I-129H form and acquired the H-1B on your behalf, it’s debatable if you’re “working” for Airbnb. Also, individuals on H-1B are generally allowed to participate in “passive” activities. Take a look at IRS publication 925, which addresses Passive Activity:

“There are two kinds of passive activities.

  • Trade or business activities in which you do not materially participate during the year.
  • Rental activities, even if you do materially participate in them, unless you are a real estate professional.”

There are a bunch of requirements for what is considered a “rental activity” though. As most have already suggested, it’s probably in your best interest to speak with an immigration attorney. You can do that at LawTrades (full discl. = I’m the CEO). Many visa holders turn to the immigration lawyers on our site for sound and affordable on-demand legal advice. Good luck w/ everything.

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