E2 Staff are all 1099

Old Feb 29th 2024, 12:08 am
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Default E2 Staff are all 1099

My business has no direct W2 employees, so in my E2 renewal I attached 1099s for hundred of thousands in Section G.

In the DS-160 it asks for a list of personnel holding specialist positions. I am planning to list five of the contractors I 1099d over $30K each in their individual name as I think it will look bad to leave staff blank. Any objections?
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Old Feb 29th 2024, 1:11 am
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Default Re: E2 Staff are all 1099

Originally Posted by E2Brutus
My business has no direct W2 employees, so in my E2 renewal I attached 1099s for hundred of thousands in Section G.

In the DS-160 it asks for a list of personnel holding specialist positions. I am planning to list five of the contractors I 1099d over $30K each in their individual name as I think it will look bad to leave staff blank. Any objections?
Seems inappropriate. They are independent contractors, not members of your staff.
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Old Feb 29th 2024, 6:00 am
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Default Re: E2 Staff are all 1099

Nutmegger

I had that thought, but if you look at resources explaining 1099s they say "Businesses have many choices when it comes to building up their staff. One of those choices is to have 1099 employees who work as independent contractors."

On the DS-160 you have to put the job title so maybe if I note Independent Contractor in brackets it is appropriate e.g. John Smith, Construction Worker (Independent Contractor)

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Old Feb 29th 2024, 12:28 pm
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Default Re: E2 Staff are all 1099

Originally Posted by E2Brutus
Nutmegger

I had that thought, but if you look at resources explaining 1099s they say "Businesses have many choices when it comes to building up their staff. One of those choices is to have 1099 employees who work as independent contractors."

On the DS-160 you have to put the job title so maybe if I note Independent Contractor in brackets it is appropriate e.g. John Smith, Construction Worker (Independent Contractor)
Where does your quotation regarding 1099s come from? I would describe you hiring the services of an independent contractor, which isn’t the same as putting someone on your payroll. However, I stress that I do not know how it is viewed in terms of your visa.
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Old Feb 29th 2024, 2:32 pm
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Default Re: E2 Staff are all 1099

Originally Posted by E2Brutus
Nutmegger

I had that thought, but if you look at resources explaining 1099s they say "Businesses have many choices when it comes to building up their staff. One of those choices is to have 1099 employees who work as independent contractors."

On the DS-160 you have to put the job title so maybe if I note Independent Contractor in brackets it is appropriate e.g. John Smith, Construction Worker (Independent Contractor)
A general comment from my days in practice - it is not uncommon for an immigration form not to fit the status or relief being sought.
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Old Feb 29th 2024, 7:40 pm
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Default Re: E2 Staff are all 1099

Nutmegger it came from here: https://www.everee.com/blog/1099-employee/

S Folinsky thanks mate. Everytime I do this I say it will be the last time, but America is too comfortable!
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Old Mar 1st 2024, 1:37 am
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Default Re: E2 Staff are all 1099

Originally Posted by E2Brutus
Nutmegger it came from here: https://www.everee.com/blog/1099-employee/

S Folinsky thanks mate. Everytime I do this I say it will be the last time, but America is too comfortable!
In regards the link you provided Nutmegger, it strikes me that you are placing too much emphasis one general sentence and disregarding the specifics. A neighbor is an Enrolled Agent whose clientele works in The Industry on a gig basis. Guess what. The producers pay on W-2 basis. I will admit to being surprised by this.
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