Can I work as a W2 or 1099 on a TN Visa?

There is no such thing as a “W2 visa.” Instead, a W2 form is used to classify a worker as a direct employee of a company. It is an IRS tax form (Wage and Tax Statement). This means that taxes are withheld from their paychecks and that the company provides benefits, such as health insurance, and pays employer-specific taxes. It’s important to clarify with the employer what type of visa you will be sponsored for. For this type of employment arrangement, it’s common to be sponsored for an H1B visa.

The Definite TN Visa Classification and Employment Status

Under the TN, you must be employed by an U.S. employment agency. Working as a 1099 is a grey area and may or may not be considered to meet the TN requirements. Tell your employer, you need to work as a W2. If they decline to do this, have the recruiting firm hire you as a W2 and then contract you out to the employer. The cleanest option is to work as a W2 employee.

Confused about working as W-2 or 1099 with your TN visa? Don’t be! Our TN visa lawyers can clarify your eligibility and ensure your employment status meets all requirements. Work with peace of mind. Contact us now!

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The Grey Area with TN Visa Classification

There are rumors that Immigration Field Officers have been advised that the E-2 treaty investor visa may be required when working as a 1099. Most lawyers will recommend working only as a W2 since this is the safest option. People have been obtaining the TN when working on a 1099, so there is ambiguity here.

Conclusion

If you wish to work as a 1099, you can attempt to obtain your TN Visa — many people have done so successfully. Nevertheless, you may want to also determine if the E2 visa will work for you first.

Your Next Step: Download the TN Application Employer Edition to get to know everything about TN Visa Classifications and Employment Statuses.

FAQ about Work as a W2 or 1099 on a TN Visa

Can a TN Visa holder be an independent contractor or must they be an employee?

Under a TN Visa you maybe able to work on a 1099 (independent contractor) but it should be done with care. You can do it as long as you operate as yourself using your SSN number and US Immigration can see that you are employed by that company. Opening your own corporation and doing a TN through this business may not be considered valid and can raise concerns.
Your Next Step: Download the TN Visa Expert Kit – Platinum Edition to get the information about getting a TN Visa for independent contractors.

Can I get a TN Visa as a 1099 contractor after working as a W2 employee?

Yes, but the 1099 is a little tricky since its for contractors and freelancers. You can do it as long as you operate as yourself using your SSN number and US Immigration can see that you are employed by that company. Your TN Letter will state that this company is employing you, which meets the NAFTA requirements. Opening your own corporation and doing a TN through this business may not be considered valid and can raise concerns.
Your Next Step: Download the TN Visa Expert Kit – Platinum Edition. You will get all information about the peculiarities of getting a TN Visa for contractors.

ABOUT THE AUTHOR

Jacob Sapochnick

Author Jacob Sapochnick serves as the Managing Partner/CEO of a prominent law firm that focuses on immigration law. Boasting an extensive legal background spanning over a decade, he adeptly merges his enthusiasm for law with cutting-edge technology to aid clients worldwide in their journey to immigrate to the United States.