H1-B Independent Contractor

[zafricandekeiko]

What is the name of your state?What is the name of your state? CA

I currently sponsor and H1-B visa and have previously filed 1099's for the individual and treated her as an independent contractor. All work is done for various entertainment projects. She only gets paid by me per visa rules. My question is if she must be considered an employee and given W-2's or if the independent contractor status is ok. Also, what would need to be done if she indeed must be considered an employee. I have spoken to the IRS about this as well as numerous tax professionals and they are completely clueless to the answer. Any help would be greatly appreciated.

 

[ImmigAttyLana]

She cannot be an independent contractor but must be an employee of the company and on payroll with the taxes withheld just as you would do for any other employee.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.