A foreign national was hired to work on a charter trip, on a foreign flagged yacht, departing from a U.S. port. The person intended to enter the U.S. on a B1/B2 tourist visa, and then to board the yacht, which would then be sailed out of U.S. territorial waters. However, the company operating the charter has told him that they are going to issue him a 1099 for his work. That would suggest that he was employed within the U.S., and had violated his visa. What are the crew member's options?

