Hiring a Canadian Citizen as an independant contractor in US

[jamie_blu]

Hi,

We have a candidate who is a Canadian Citizen and would like to work for us in the US as a 1099 Independant Contractor. As a US company, our dilemma is as follows:

- to maintain a 1099 Contractor Status, we require the contract and payments to be made on a Milestone basis. However, when such information is put on the TN visa application, it creates an issue

- If we decide to pay hourly rate + expenses, we expose ourselves to Employee Vs Contractor issues

We would like to hire this individual, but we seem to be in a Catch-22 situation. We are not sure of the correct forms to execute either of the options and would appreciate if someone can point us in the right direction - both in terms of making the "correct" choice, as well as the forms/paperwork that need to go with it.

Please help.

[nelsona]

You might get better response at an immigration board, like

http://forums.immigration.com/forumdisplay.php?f=244

Also,a consultation with a TN lawyer like Joe Grasmick, Jim Eiss, mark Zucarro would be advisable, can all be found on the net.