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Can an employee have a green card and work as a 1099?

Durham, NC |

I work at a staffing agency and have been asked if a temporary worker have a green card and be a 1099 - it has been hard to determine on the IRS web-site.

Attorney Answers 4


  1. There is no connection between the two. This is a question to a labor and/or tax attorney. In essence, the answer depends on the level of supervision which usually determines whether the person is truly an independent contractor or an employee.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. I cannot address the tax law, but can explain the immigration consequences. Whether he can work as a 1099 depends on how he qualified for the green card and how long he has had it. If the green card was based on an employment relationship like a PERM, he is obligated to work for the sponsoring employer as a full time employee. If his immigration or the green card is family based, it is up to him whether he wants to work as an independent contractor or employee. Under either employment status he will have to complete an I-9 and pay his taxes.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.


  3. A permanent resident 'green card' holder may work under 1099


  4. I agree with my colleagues. This is less of an immigration question and more of a tax question.

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