I-134 income question

[Gary and Alla 3,694]

Despite the demonstrable ignorance of some people, you can most certainly be employed by the union. Who determines your wage rate? Who pays your benefits? Whose name is on your check? Who assigns your work? How does a self employed person become restricted by an exclusivity agreement. Any such agreement would, by IRS code, disqualify you as an independent contractor (self empoyed) You are NOT self employed as you have described. I have hired hundreds of workers through unions, they work for the union, they are paid by the union, they receive benefits from the union and are assigned to the job by the union. My agreements with the union, as a contractor, specifically state that the workers are union EMPLOYEES, I can neither "hire" them or "fire" them (I CAN forbid then from entering my project worksite, but I cannot take disciplinary action against them)

Even if you are employed by a unionized contractor, you are NOT self employed. Even if on a seasonal layoff or because of a temporary lack of work, you are STILL "employed" by that contractor, just not working at the moment. If this were not true, no exclusivity would apply to you or where you work. Use the calculations as stated before and you will be OK.

If you want to attach 3 years tax returns, that is fine but unnecessary.

[rebeccajo 14]

Despite the demonstrable ignorance of some people, you can most certainly be employed by the union. Who determines your wage rate? Who pays your benefits? Whose name is on your check? Who assigns your work? How does a self employed person become restricted by an exclusivity agreement. Any such agreement would, by IRS code, disqualify you as an independent contractor (self empoyed) You are NOT self employed as you have described. I have hired hundreds of workers through unions, they work for the union, they are paid by the union, they receive benefits from the union and are assigned to the job by the union. My agreements with the union, as a contractor, specifically state that the workers are union EMPLOYEES, I can neither "hire" them or "fire" them (I CAN forbid then from entering my project worksite, but I cannot take disciplinary action against them)

Even if you are employed by a unionized contractor, you are NOT self employed. Even if on a seasonal layoff or because of a temporary lack of work, you are STILL "employed" by that contractor, just not working at the moment. If this were not true, no exclusivity would apply to you or where you work. Use the calculations as stated before and you will be OK.

If you want to attach 3 years tax returns, that is fine but unnecessary.

Most of the union laborers I know receive a 1099 from each company they work for. And most of these individuals don't work consistently enough for them to state their wages based upon a 2080 hour work year.

As I said, treat the income similarly to that of a self employed person. This means averaging your income.