Immigration Issues/H1B and 1099

Advertisement


Question
Can I sponsor someone for an H1B if I am hiring him only as a part-time 1099 Subcontractor? His attorney is telling him that I can, but other things I have read say I can't. Can you point me to the actual regulations? I don't want him (or me!) to get in trouble. Thanks.

Answer
Neil,
H-1B is an employer petition, so it would be your attorney.

For the regs: See 8 CFR 214.2(h)(4)(ii)(2)

If you treat the H-1B employer as an independent contractor for payroll purposes you could be liable for federal and state taxes.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

©2016 About.com. All rights reserved.