Rumor that the new federal laws for contractors won't allow TN, H1 workers!

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I've heard from our company's division where they handle the hiring of contractors that recently fedral laws have changed and they are no longer allowed to hire contractors on TN and the contractors must be perm residents or US citizens even if they're hired thru a third party consulting firm. I've asked them to refer me to that law but didn't hear back!!

Has anyone heard about such new laws regarding contractors?
 
H1 has never been allowed as contractors, and there have been some highly publicized cases of H1 contractor fraud. The rest seems like pure speculation. There is always tightening up of what defines a contractor vs. employee, but for a TNer, this should not matter.
 
E-verify is always changing, but it does not discriminate against foreigners, just those trying to work illegally.
 
Independent Contractor and Immigration

Is it illegal to work as an independent contractor in the U.S without proper work authorization? Ive been reading some about you dont need work permit to work as an independent contractor, im curious because im lookin into working as an internet entertainer - from home on my own time whenever i feel like it - i would be paid by a u.s company but as an independent contractor. Is this legal? Does anyone have any insight surrounding this?
 
nelsona said:
H1 has never been allowed as contractors, and there have been some highly publicized cases of H1 contractor fraud. The rest seems like pure speculation. There is always tightening up of what defines a contractor vs. employee, but for a TNer, this should not matter.
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Can you clarify what you mean by this? If Company A contracts with Company B to provide certain services to Company A--then Company B is allowed to use its legal employees to perform those services. It does not matter if those employees are USC's, GC's, H-1B, or TN. This has not--AFAIK--changed although the OP seems to have heard a rumor that this has changed.

OTOH if Company A hires an independent contractor to perform a job--that person can get a TN (with appropriate paperwork) but cannot be an H-1B.
 
nelsona said:
cal, Whom are you asking to elaborate?
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You!!

It is understood that an H-1B cannot work as an independent contractor.

I'm trying to understand if you are also claiming that an H-1B cannot work for a contracting company as an employee. The OP seems to have heard a rumor that even that would be illegal--and I'm trying to understand if that is what you are claiming too.
 
I'm not claiming anything. I merely stated that there have been many recent cases (none as a result of any change in fed laws) in which DHS has concluded that the H1-B's were not employees, but contractors. Surely you have heard of these, and can easily google them for the specifics.

But nothing has changed for H1 and certainly nothing has changed to prevent a TN working as a contractor, which was the OP's concern... waaaaay back in January.
 
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