1099 job on TN

C

candiceh

New Member
Hi,

I'm a bit confused about self-employment regarding TN. I've been on w-2 payroll on TN with no problems but I do want to apply for a 1099 contractor job. I'm a healthcare worker and I want to join this group of other clinicians who see patients independently, for counselling services where patients pay per session I believe. Would that be considered self-employment? If not, would the job offer letter required at the boarder differ from the w-2 one?

Thank you so much in advance!
 
Self-employment is allowed under TN, so long as you otherwise meet all criteria and your client sponsors you. It is self-sponsorship that is not allowed, So your client would write the TN letter, and outline the work and financial arrangements.
 
Thanks for the reponse. What if there is a staffing agency between the end client and myself ? Will CBP accept the staffing agency as a sponsor and my TN application as a 1099 while I will work at the end client?
 
They might, but more likely as an employee of the staffing agency. Typically, the petition would be by the staffing agency, not the client, and it would be between you and the agency to determine how you would be remunerated. It would be preferable to not list a specific client at that point, as this would give them, and you, more flexibility, once your contract ends with your initial client.

But if you want 1099, and know who your client will be, do you really need an agency?
 
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