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  1. #1
    Join Date
    Jun 2009
    Posts
    7

    Question E-2 Visa and W2 Employment

    Hello World,

    I work as a computer consultant for large scale businesses and usually earn a good living with it.
    I switched to an E2 visa as soon as I become an independent contractor and originally my earnings were good enough to sustain me on this basis.

    But right now business is extremely slow (no recovery in sight here) and so I'm eager for every project which comes along my way.
    Right now I'm being overed a 4 weeks gig in Florida which would pay me enough to get me through this rough spot.
    But because of the short duration the agency is only willing to hire me on a W2 basis, and last thing I remember W2 is an "employee" based work form.

    Thus I'm afraid I might run awfoul of US immigration/visa law if I'd accept a W2 based work arrangement with my E-2 visa.
    This is a real bummer for me, as I'd be the perfect fit for this project, but with E-verify and the current "alien hysteria" going on, I don't want to end up in a world of hurt because I strayed from the purity of 1099 based work arrangements.

    Anybody know what the legal details here are and if there is any chance for me to grab this position after all?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: E-2 Visa and W2 Employment

    It's my understanding that if you switch to W2 employment, you will forfeit your E2 Visa.

    You'd do well to speak with an immigration attorney in your area to doublecheck, though. First consultation is usually free.

  3. #3
    Join Date
    Jun 2009
    Posts
    7

    Default Re: E-2 Visa and W2 Employment

    Quote Quoting LawResearcherMissy
    View Post
    It's my understanding that if you switch to W2 employment, you will forfeit your E2 Visa.

    You'd do well to speak with an immigration attorney in your area to doublecheck, though. First consultation is usually free.
    If you know *any* immigration attorney whose first consultation is free and yet not worthless, I'd really like to know his contact info.
    Because believe me I tried 'em all and none of them would even tell me the time of day w/o me writing him a check first.
    But thankz for confirming my suspicions regarding the W2.

    I work on truly high profile projects that earn US companies a lot of money. But this visa nonsense just ends up being to much trouble for my taste. I'm thinking of moving up to Canada. At least they don't treat high skilled IT experts like something the cat dragged in.

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