Employment Green Card W2 or 1099

[Peserk 0]

Hello.

I received a green card under EB3 VISA.

I received it not inside the USA, but after an interview at the consulate.
I haven't worked for my sponsor yet and am just about to fly to the USA.

 

The question is: how can I work for an employer correctly under W2 payroll or 1099 self-employment?
For my company doesn’t matter, as I understand it, and I have a green card, that is, I can work for W2 payroll or 1099 self employment.

 

What is the correct way according to the law so that there are no problems with obtaining citizenship in the future? I looked through my Permanent Labor Certification ( PERM )  but didn't find anything there.

 

 

Thank you.

[OldUser 6,636]

What matters to you?

W-2 employees typically have more benefits and protections, such as health insurance from employer.  As self employed, you'd have to arrange it and pay it yourself.

 

I'm not a lawyer, but AFAIK, you can go either route.

 

I'd stick to W-2 for the first few years of living in the US, so you have less administrative work.

Edited January 14 by OldUser

[Peserk 0]

I heard that 1099 self-employment is more profitable to work with.
You can do your own taxes, etc.

Or is this not true? I have never worked in the USA before.

[OldUser 6,636]

18 minutes ago, Peserk said:

I heard that 1099 self-employment is more profitable to work with.
You can do your own taxes, etc.

Or is this not true? I have never worked in the USA before.

In certain scenarios yes. But also, consider the costs that your employer will pay for VS potential tax savings if you're self employed. It's not always straightforward.

 

W-2 employees often receive benefits like health insurance, retirement plans, and paid leave. Contractors typically do not receive these benefits and must arrange them independently.

 

It depends whether tax savings are going to be sufficient enough. I personally won't work under 1099 if I only saved few thousands a year in taxes. Time spent on admin work would not be worth it.

 

 

Edited January 14 by OldUser

[Peserk 0]

I just asked for my lawyer and he said I need to work for W2
is it true?

[OldUser 6,636]

2 hours ago, Peserk said:

I just asked for my lawyer and he said I need to work for W2
is it true?

I'd listen to lawyer's advice.

You can start on W-2, work for a year or two and reevaluate at later stage. As LPR and W-2 employee myself, I can reassure you, the taxes and health insurance are already complex and only get more difficult on 1099. Being new in the country, I would start with W-2 even if I had 1099 as an option. 

Edited January 14 by OldUser

[carmel34 3,624]

1 hour ago, Peserk said:

I just asked for my lawyer and he said I need to work for W2
is it true?

Yes, it is an employment-based green card, you will be an employee for the company who sponsored you.  Employees are paid and receive benefits and have taxes deducted automatically based on the W4 that you will complete when you start working.  A W2 is the form you receive in January for the previous year, it is a record of wages paid and taxes deducted.  You will be an employee, not an independent contractor.

[igoyougoduke 1,656]

do the w-2 for a year and than switch over 1099 if better 

[new_hope3 0]

I am in the same situation. My employer (sponsor) refused to give me W2 and they gave me 1099 only (although full-time employment and the same wage as determined by PERM). I asked many lawyers and they said I should be fine as long as I can prove that it is their decision not mine. Also, I asked for letters showing that I am a full-time employee. And I have all the wire salaries showing that I am paid as they say they will pay. I am just paying more taxes now!

 

Also, I found this: https://www.avvo.com/legal-answers/1099-after-green-card--5830933.html  and it made me feel more comfortable. Should I be worried? Any update with you?

[new_hope3 0]

On 1/14/2024 at 2:17 PM, Peserk said:

I just asked for my lawyer and he said I need to work for W2
is it true?

@Peserk I am in the same situation. My employer (sponsor) refused to give me W2 and they gave me 1099 only (although full-time employment and the same wage as determined by PERM). I asked many lawyers and they said I should be fine as long as I can prove that it is their decision not mine. Also, I asked for letters showing that I am a full-time employee. And I have all the wire salaries showing that I am paid as they say they will pay. I am just paying more taxes now!

 

Also, I found this: https://www.avvo.com/legal-answers/1099-after-green-card--5830933.html  and it made me feel more comfortable. Should I be worried? Any update with you?

[new_hope3 0]

On 1/14/2024 at 12:58 PM, Peserk said:

Hello.

I received a green card under EB3 VISA.

I received it not inside the USA, but after an interview at the consulate.
I haven't worked for my sponsor yet and am just about to fly to the USA.

 

The question is: how can I work for an employer correctly under W2 payroll or 1099 self-employment?
For my company doesn’t matter, as I understand it, and I have a green card, that is, I can work for W2 payroll or 1099 self employment.

 

What is the correct way according to the law so that there are no problems with obtaining citizenship in the future? I looked through my Permanent Labor Certification ( PERM )  but didn't find anything there.

 

 

Thank you.

 

Follow-up to my previous comments. I hope to hear from you

 

[new_hope3 0]

On 1/14/2024 at 4:21 PM, carmel34 said:

Yes, it is an employment-based green card, you will be an employee for the company who sponsored you.  Employees are paid and receive benefits and have taxes deducted automatically based on the W4 that you will complete when you start working.  A W2 is the form you receive in January for the previous year, it is a record of wages paid and taxes deducted.  You will be an employee, not an independent contractor.

I am in the same situation. My employer (sponsor) refused to give me W2 and they gave me 1099 only (although full-time employment and the same wage as determined by PERM). I asked many lawyers and they said I should be fine as long as I can prove that it is their decision not mine. Also, I asked for letters showing that I am a full-time employee. And I have all the wire salaries showing that I am paid as they say they will pay. I am just paying more taxes now!

 

 

 

Also, I found this: https://www.avvo.com/legal-answers/1099-after-green-card--5830933.html and it made me feel more comfortable. Should I be worried? Any update with you?

 

 Quote

 

[appleblossom 2,483]

3 hours ago, new_hope3 said:

 

Follow-up to my previous comments. I hope to hear from you

 

 

The person you've quoted hasn't been on the forum for months so isn't likely to see your questions. 

 

But if you've asked many lawyers and they all concur, then I'd go with that. Presumably your employer also has an immigration lawyer doing the EB2 for you, so I'd take their advice, although it's good that you checked with other lawyers too.

 

Good luck. 

[Peserk 0]

On 1/14/2024 at 11:58 AM, Peserk said:

Hello.

I received a green card under EB3 VISA.

I received it not inside the USA, but after an interview at the consulate.
I haven't worked for my sponsor yet and am just about to fly to the USA.

 

The question is: how can I work for an employer correctly under W2 payroll or 1099 self-employment?
For my company doesn’t matter, as I understand it, and I have a green card, that is, I can work for W2 payroll or 1099 self employment.

 

What is the correct way according to the law so that there are no problems with obtaining citizenship in the future? I looked through my Permanent Labor Certification ( PERM )  but didn't find anything there.

 

 

Thank you.