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Definition of “business”, can an alien do this work?

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Junior Member
Hello,
What is the actual definition of 'business' in law?

Let me describe a situation and please let me know if this is considered as a “business” –
Let’s say an ‘alien’ is working independently on an internet based activities. He is not a citizen or permanent resident. He is allowed to work only for one employer for full time (h1b etc).

And he is running a web site totally based on his knowledge, ideas and capabilities, he is making significant amount of money (few tens of thousands) from advertisements on the site and subscriptions of the website users. He does it completely on his own ‘single handedly’ in his free time from home, on weekends and after his full time job hours. Running this website is not his second employment since it is done single handedly in his personal time, and he does not hire/employ other people for running the website. Legally this alien is not allowed to form a company, or do a second job. He is accumulating and paying tax for this extra earned money from the website.
So will this situation be considered as running a “business”? Is it legal to do this?

Thank you

What is the name of your state (only U.S. law)? NJ
 
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