H-1B crypto questions usually start with one thing: whether crypto activity could count as work. I could not find an immigration authority that answers that for crypto, so I won’t tell you what is safe. The six questions in the title come from a labor-law test that I explain below as a thinking tool only. What I can offer is what H-1B work authorization covers, what a few university and law-firm sources say about self-employment and investing, and a way to describe your own activity in plain terms before you talk to an immigration attorney.
H-1B Crypto Rules: What Work Authorization Covers
According to UNC’s international services office, H-1B workers are authorized to work only for the employer that filed the petition, under the terms approved in that petition, such as title, hours and work site. If work is done for several employers, each must file a separate H petition. The page warns that failing to maintain lawful status can result in severe consequences. It doesn’t mention investments or self-employment, so it doesn’t say whether they are permitted (UNC International Services).
The University of Arizona’s H-1B FAQ says self-employment is treated as employment and is not allowed in H-1B status unless separately authorized by USCIS, which it calls rare. It says nothing about passive investments (University of Arizona). A law-firm blog says passive income is generally allowed and active income could violate visa conditions, and it places crypto held as an investment on the passive side while saying day trading, staking or running a crypto business is where it “gets murky” (American Visa Law Group). That is one firm’s view and not a USCIS statement.
A Labor-Law Test You Can Borrow (As a Thinking Tool)
A Haynes Boone summary of the Department of Labor’s 2024 final rule lists six factors for deciding whether a worker is an independent contractor under the Fair Labor Standards Act. They are the opportunity for profit or loss from managerial skill, the worker’s financial stake and investments, the permanence of the relationship, the control over the work, whether the work is essential to the business, and the worker’s skill and initiative. The summary says the rule revises only the DOL’s FLSA interpretation and has no effect on other federal, state or local standards (Haynes Boone).
That rule’s status has since changed. Holland & Knight reports that the Department of Labor published a proposal on February 27, 2026 to rescind the 2024 rule and replace the six-factor test with an analysis weighting two core factors, control and opportunity for profit or loss, with three secondary factors. It also reports that the Wage and Hour Division stopped applying the 2024 rule in its own investigations in May 2025 (Holland & Knight). The sources I found describe it as a proposal. Because the status is in flux, I use the factors only as plain-language questions here.
The Six Questions Applied to Your Own Activity
These are my own plain-language questions drawn from the six factors. They are not an immigration test, and no source says USCIS uses them.
| Factor | Question for you |
|---|---|
| Profit or loss | Does skill or effort drive the result? |
| Investment | Do you buy equipment or run infrastructure? |
| Permanence | Is it continuous or occasional? |
| Control | Who sets the terms of the activity? |
| Essential work | Does a business depend on it? |
| Skill and initiative | Is it a business-like effort? |
An H-1B Crypto Example With Assumed Profiles
Consider two assumed profiles. Profile A buys a coin once, holds it, and does nothing else. Profile B buys machines, runs them daily and sells the output regularly. Answering the six questions, Profile A shows little investment, no continuity and no business-like effort, while Profile B shows heavy investment, continuity and initiative. The sources above describe active, work-like or business-like activity as the area where H-1B questions arise, and place passive holding on the other side, though one law-firm blog calls crypto “murky.” Where a real situation falls is something an immigration attorney would assess.
My Reasoning, Not an Immigration Rule
This is my own reasoning. These six factors were written for a different legal question and apply to the FLSA, not to immigration, so they do not decide whether crypto activity is work under H-1B rules. In my view, they are still a useful way to describe your own activity in plain terms: how much managerial skill is involved, how much you invest, how continuous it is, and who controls it. How a USCIS officer would view any of it is something I can’t verify.
How to Get Started With H-1B and Crypto
- Write down what you actually do with crypto, using the six questions above. That is my suggestion.
- Get an immigration attorney’s view before any step beyond simple holding, such as forming a company or running equipment. The University of Arizona page says to contact its international office before engaging in any activity you’re unsure about (University of Arizona).
- Check the international office at your employer or school first, since the Arizona page directs staff to ask before engaging in an uncertain activity.
- Keep consistent records of your activity and how you report it on your taxes.
H-1B and Crypto: Questions Answered
Is this test binding on USCIS? No. It comes from labor law, and the summary above says it applies to FLSA classification.
Is holding crypto allowed? I couldn’t find an authority that answers that. One law-firm blog calls investment holding generally passive, but that is not a USCIS statement.
Is the DOL rule still in force? It was under reconsideration as of early 2026, per Holland & Knight, and the sources I found describe it as a proposal.
Related H-1B Crypto Reading
For the tax side of H-1B crypto mining, see Schedule C or Schedule 1? Your H-1B Might Depend on It.
My Take on H-1B and Crypto
- In my view, for H-1B crypto questions, a short written description of your activity makes the attorney conversation faster and more precise.
- In my suggestion, for H-1B crypto planning, treat the six questions as a checklist for the conversation and not as a way to predict an outcome.
Sources
- UNC International Services: H-1B work authorization
- University of Arizona: H-1B employment FAQ
- American Visa Law Group: H-1B holders and investing
- Haynes Boone: DOL final independent contractor rule
- Holland & Knight: DOL proposes to rescind 2024 independent contractor rule (March 2026)
This article offers general information and my own opinions, not financial, tax, or legal advice. Laws, tax rules, and products change and can differ by location, so check current official sources and talk to a qualified professional about your own situation.