Des Plaines, IL asked in Immigration Law for Illinois

Q: TN Visa and 1099?

As a Canadian citizen, am I allowed to establish an LLC in the US and get paid via 1099 instead of W-2? I would be in contract with a US-based sponsor for my TN visa of course. Based on what I read, I cannot sponsor myself using an LLC that I establish in the US, but I would not be doing that.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Libertyville, IL
  • Licensed in Illinois

A: If you are employed for more than 183 days, then you are a tax resident. If you are employed in TN status, then you are not an independent contractor, so the W-2 form is the appropriate form, not the 1099.

Creating a company can cause confusion as to whether you are engaged in employment other than the TN visa. Such activity seems not in your best interest.

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