Is it legal for the Doctor doing the J1 waiver to be employed in the capacity of an independent contractor? Does the visa allow one to be registered as a small business?
Your employer is the H-1B employer of record and therefore must pay you as an employee, not an independent contractor. If the employer wants to change this arrangement, then you must set up your own company and have your company file an H-1B petition. If the USCIS approves this petition (which it may not), then you will become an employee of your own company and this company can contract with your previous employer. In other words, the arrangement would be company to company and you will be an employee of your own company.
Related Questions
- Is it legal for the Doctor doing the J1 waiver to be employed in the capacity of an independent contractor? Does the visa allow one to be registered as a small business?
- Can I request a reconsideration of my J1 visa waiver application based on new evidence?
- How long will the J1 Visa Waiver application process take?
