I am aware that this issue has been raised several times on this forum. However, my recent employer is unwilling to let me work on 1099 since according to it's lawyer, TN holders are allowed to work only on W2. Could someone kindly provide me a link to some official website that would say otherwise? Also, my company has provided the following information that suggests otherwise:
Both the TN visa and the H-1B visa are issued to temporary EMPLOYEES. Self-employed professionals, including 1099 and incorporated independent contractors, are precluded from obtaining TN-1 status, and the INS has advised its field offices that the E-2 "treaty investor" classification may be the appropriate alternative for these types of Canadian professionals, http://www.grasmick.com/invest.htm. The E-2 is complex and more difficult to qualify for. For this reason, Canadian contractors seeking work in the U.S. are generally advised to work as W-2 contract employees through a third party employer of record.
Both the TN visa and the H-1B visa are issued to temporary EMPLOYEES. Self-employed professionals, including 1099 and incorporated independent contractors, are precluded from obtaining TN-1 status, and the INS has advised its field offices that the E-2 "treaty investor" classification may be the appropriate alternative for these types of Canadian professionals, http://www.grasmick.com/invest.htm. The E-2 is complex and more difficult to qualify for. For this reason, Canadian contractors seeking work in the U.S. are generally advised to work as W-2 contract employees through a third party employer of record.
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