TN (1099)to Green Card

M

min857

New Member
Hello,

I would appreciate if anyone can advise on my situation.

I am Canadian healthcare worker working in US with TN visa. My employer hired me as 1099 a few years ago and I am currently getting
paid through S corporation I set up on recommendation of my CPA. (My CPA informed me that setting up S corp is allowed for TN visa holders.)

My TN is coming up for a renewal and I am considering applying for a Green card. I was recommended to switch from
1099 to W2 before applying for a Green card. Not completely sure if my employer is willing to hire me as W2-employee.
Should I seek new W2 employment or can I just proceed as 1099?


I would appreciate any advise.
 
To get an employment-based GC by sponsorship, you need to have a sponsor willing to offer you a permanent job upon receipt of the GC, ie. an employer. While you are certainly permitted to get a TN sponsored by a "client" (the manner in which you are paid is unimportant), you will need a sponsor (who will be the one goung through the process for a GC, not you), willing to become your employer.

Now would be the time to ask your client if they are willing to not only hire you on staff, but go through the GC process for you. If they aren't willing to do either of these things, then it is time to move on to another.
 
Thank you for your relpy nelsona. I really appreciate it.

I spoke to my employer today and he did agreed to sponsor me for a GC. A lawyer who I spoke to recommended me to switch my status to W2 employee when renewing TN. But I am somewhat reluctant to switch because I have been filing taxes as 1099 for a few years already.
My question is, am I risking GC being denied by apply with 1099 TN status? Is it wise to follow the advice from the lawyer and just switch to W2?

Did any healthcare worker go through similar situation?
 
Remember that your GC application will be based on the future job. So if you and the employer wish to stay on 1099 until GC is approved, that is between you and them. As long as it is clear in the application that you will be working as an employee after the GC. 1099 gives you no benefits, while presumably W-2 would.

But you absolutely do not need to be on W-2 for TN in order to file GC. In fact, since it is for a future job, you don't even have to have a job to file.
 
You must log in or register to reply here.
Top