Miami, FL asked in Employment Law, Immigration Law and Business Law for Florida

Q: Question regarding LLC paying an independent subcontractor for services who has a F1 Visa Status

We recently asked an independent subcontractor who provided services for our company for a W9. He told us that he could not fill it out as he is currently in the U.S. with an F1 Visa and on a waiting list for a work permit. While we realize that this means he should not be working as an independent contractor for us and that he only has permission to work in his field of study and he was told same by his immigration attorney, we do owe him money for the services he provided but, do not want any legal implications. We told him he can no longer work for us until he obtains the proper documentation however, we do realize that he provided a service and should get paid but, can we pay him without any legal implications and/or do we hold on to the pay until he receives his documentation? Please help

1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Your question is too complex of a legal issue to answer via this type of forum.

You might try speaking with his immigration attorney or consult with a immigration attorney on your own.

You might also speak with your accountant as well as this transaction will ultimately go through your tax return.

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