Tax

[stefnyl]

What is the name of your state (only U.S. law)? florida

WE ARE AN H2B VISA AND OUR EMPLOYER ARE NOT DEDUCTING OUR SALARY FOR THE FEDERAL TAX.DO WE HAVE RIGHTS TO COMPLAIN TO THE LABOR?

[pattytx]

Do not type in all caps. It makes your posts hard to read and is considering shouting on the internet. Also, in the future, please keep all related questions in one thread so that responders have all the pertinent information in one place.

What is the difference between an H1B and an H2B visa?

[Erudition]

It sounds to me like your employer is considering you a "subcontractor" and will be giving you a 1099 at the end of the year. If you don't understand what this is, it means you will get a form and have to pay your own payroll taxes.

The IRS has a list of 20 questions for you to ask yourself to determine if you are an employee or sub contractor.

[url=http://www.irs.gov/businesses/small/article/0,,id=99921,00.html]Independent Contractor (Self-Employed) or Employee?[/url]

I suggest you review the questions on what type of worker you would be considered. If you have been "misclassified" then you can find a form on the IRS's website and you should also contact your local unemployment office. Many unemployment offices have created task forces to investigate misclassification of workers. This has become a very serious offense in the past 5 years.

Good luck!

[ArmyRetCW3]

By definition nonimmigrant aliens hired workers are employees, not IC.


The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.

The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.


The H-2B nonimmigrant program permits employers to hire foreign workers to meet a temporary need for nonprofessional, nonagricultural skills. The employment must be for less than one year and the need for service or labor must be a one-time occurrence or a seasonal/peak load/intermittent need. The H-2B program is “labor market” tested and requires the employer to offer the prevailing wages for the occupation in the area of intended employment. The Wage and Hour Division’s enforcement responsibilities for nonimmigrant workers in the H-2B program are limited to the Fair Labor Standards Act, Davis-Bacon and Related Acts, Service Contract Act, Migrant and Seasonal Agricultural Worker Protection Act, and the Occupational Safety and Health Act provisions that apply to the workers. The Department of Homeland Security holds enforcement authority for the H-2B program and may impose administrative remedies on, and deny future visa petitions filed by, employers who violate certain H-2B visa provisions.

[pattytx]

OP, are ANY taxes (FICA/Medicare) being withheld from your pay?

What type of business is this (not its name, please) and what exactly are your job duties (not your job title)?