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Independent contractor on an H1b visa

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  • Independent contractor on an H1b visa

    Shout out to all the foreign docs on this forum! Is it possible for an H1b visa holder to become an independent contractor?

    A quick search on Google seems to suggest otherwise. I was wondering if anyone had any personal experiences with this

  • #2
    Not personal experience, but my understanding of visa law discussing with colleagues who have gone that route is that a H1B holder has to have an employer, and one of the conditions of employment is that the employer guarantees "prevailing wage" as a mechanism to avoid pushing down wages by hiring foreigners to do the same job. That would seem to preclude IC classification. Less certain whether a H1B holder could have a side gig generating a 1099. Google search suggests no.

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    • #3
      Thank you.

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      • #4
        You can ONLY be an independent contractor and work for someone else (i.e. moonlighting) unless that other person sponsors you for a concurrent H1b visa for the part-time work. You can not work for yourself and sponsor yourself for the concurrent H1b visa. If you do, you'll be violating youre H1b status. Sorry, but that's how it is.

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