TN visa as independent contractor, form 1099 taxes

R

rh647

New Member
Just wanted to get some clarification on this matter.

From what I have read online, it seems that you can work as an independent contractor in US on a TN visa. My confusion stems from the fact that when you file your taxes, you would receive Form 1099 to file as independent contractor, which according to the IRS, assumes you are self employed? Are you allowed to be self employed on the TN visa? Or is this just an IRS thing and would not affect your visa status or your ability to work in US?

Thanks in advance.
 
You are allowed to be self-employed on TN, as long as each client applies for a TN for you. What is not allowed is self-sponsoring.
 
I am on TN and 1099 and it was not a problem at the border, and thanks to Neslona for clarifying this for everyone ("self-employment" has a different meaning in the NAFTA regulations than under the US tax code).

You will however get differing opinions on this topic and some lawyers will swear it can't be done.

I do wonder whether there may be an issue with getting a TN Visa on 1099 through the I-129 form which a US company will file with US Customs and Immigration Service. My thinking was that no truly independent contractor (1099) would have their client file for a Visa on their behalf. That's something an employer would do. Just speculation.
 
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