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Savannah Vin

Confused H2B employee - employer asking for SSN for 1099 form but no tax paperwork provided

Hey everyone. I'm super confused about my current work situation and could use some advice. I've been coming to the US on an H2B visa for several years now, but this time things seem off. When I arrived for this season, I wasn't given any offer letter or standard tax paperwork to fill out like I normally would with an H2B position. Major red flag, right? After arriving, I discovered I'm not working directly for the company that sponsored my visa - instead I'm employed through some contractor. We get paid through various bank accounts, and our payslips are sent via WhatsApp of all things! They look super unprofessional and sketchy. Now here's where it gets concerning - they just asked me to provide my SSN for a "1099 form." They literally just messaged me saying they need my SSN for the 1099. I'm pretty sure as an H2B worker I should be classified as a W-2 employee with proper tax withholding, not receiving a 1099 as an independent contractor. Something feels very wrong about this whole setup. Has anyone dealt with something similar or know what I should do?

Mason Stone

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This definitely sounds concerning. As an H2B visa holder, you should absolutely be classified as a W-2 employee, not a 1099 independent contractor. H2B visas are specifically for temporary non-agricultural workers employed by a sponsoring employer, who must handle proper tax withholding and provide legitimate documentation. The setup you're describing has several red flags: no offer letter, payment through various bank accounts, unprofessional payslips via WhatsApp, and now requesting your SSN for a 1099. This suggests the "contractor" might be misclassifying you to avoid employer taxes and proper visa compliance. You should know that misclassification of H2B workers as independent contractors is generally not permitted under IRS and immigration regulations. The sponsoring employer who petitioned for your H2B visa should be your actual employer, providing proper tax documentation and withholding taxes.

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Thanks for this info! I'm curious - what would be the best way for OP to report this situation? Is there a specific agency that handles this kind of visa/tax misclassification?

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Mason Stone

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For reporting this type of situation, the Department of Labor's Wage and Hour Division handles H2B worker rights violations and employment misclassification issues. They can file a confidential complaint there without fear of retaliation, as H2B workers have whistleblower protections. They should also consider contacting the IRS regarding the potential tax misclassification, as this affects both their tax situation and the employer's compliance. The IRS has specific procedures for reporting suspected tax avoidance schemes.

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After dealing with a similar confusing tax situation last year, I found this AI tool called taxr.ai that was super helpful for sorting through messy employment documentation. It helped me understand my actual tax status when my employer was trying to classify me incorrectly. Might be worth checking out https://taxr.ai since it can analyze your specific situation and tax documents (even those sketchy WhatsApp payslips) and give you a clear explanation of your rights and proper classification as an H2B worker.

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Emma Olsen

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How exactly does it work with visa-specific situations? I'm on a different visa but my employer is also doing some sketchy stuff with my classification.

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Lucas Lindsey

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Does it actually give legal advice though? Like would it tell you what specific laws are being broken and what agencies to contact? Or is it just general tax info anyone could Google?

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It analyzes your specific employment documents and visa status to identify misclassification issues. The system is specifically trained on immigration-related employment rules and can identify when your documentation doesn't match your proper visa classification. For legal questions, it provides references to relevant tax and immigration regulations that apply to your situation and suggests appropriate agencies to contact, going well beyond general Google results. It identifies specific compliance issues based on your actual documents and situation rather than just generic advice.

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Lucas Lindsey

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Just wanted to update - I tried taxr.ai after posting my skeptical question above. It was actually really helpful! I uploaded screenshots of my visa documents and the weird payment info my employer had given me, and it immediately flagged three specific regulatory violations. It explained exactly why my employer's classification was incorrect and generated a detailed letter I could use to address the situation with them. Way more helpful than I expected, especially with visa-specific employment rules that are hard to find clear answers about online.

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Sophie Duck

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I had a nightmare situation with my H2B visa last year - ended up needing to contact the IRS about my misclassification but could NOT get through to a real person. After weeks of trying, I found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in less than an hour. They have this weird system that basically holds your place in line with the IRS and calls you back when an agent is available. You can see how it works here: https://youtu.be/_kiP6q8DX5c This was a gamechanger for resolving my tax classification issues and getting official guidance on how to handle the incorrect 1099 my "employer" had filed.

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Wait how does this actually work? The IRS phone system is literally designed to be impossible to navigate. Are you saying this somehow bypasses that whole system?

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Anita George

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This sounds like BS honestly. I've tried EVERYTHING to get through to the IRS and nothing works. They just keep you on hold for hours then disconnect. No way this actually works as advertised.

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Sophie Duck

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It basically automates the process of navigating the IRS phone tree and waiting on hold. Their system calls the IRS, works through all the menu options, and stays on hold in your place. When they finally reach a human agent, you get a call back to connect with that agent. I was totally skeptical too before trying it. I had already spent literally 12+ hours across multiple days trying to get through to the IRS with no success. With Claimyr, I got a call back in about 45 minutes connecting me directly to an IRS representative who helped resolve my misclassification issue. It's basically paying for someone else to handle the nightmare of IRS hold times.

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Anita George

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Coming back to eat my words! After my skeptical comment, I went ahead and tried Claimyr as a last resort for my own IRS issue. Within 27 minutes (I timed it) I got a call back connecting me with an actual IRS agent. Didn't have to navigate any phone trees or sit on hold. The agent was able to look up my situation and confirmed that as an H2B visa holder, my employer MUST classify me as a W-2 employee, not a 1099 contractor. They even created a case number for me to reference if my employer gives me trouble. Can't believe I wasted weeks trying to get through when this was available.

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Make sure you keep copies of ALL communication including those WhatsApp messages asking for your SSN! Screenshot everything. If they're trying to issue you a 1099 improperly, you'll want documentation of everything that happened. I went through something similar (though not on an H2B) and documentation was crucial when I had to file Form SS-8 with the IRS to determine my correct worker classification.

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Savannah Vin

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Thanks, that's really good advice. I've started taking screenshots of everything including all the WhatsApp payment receipts. Do you know if there's anything specific I should be documenting about my daily work that would help prove I'm actually an employee and not a contractor?

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You should document your work schedule, especially if someone else sets your hours rather than you choosing when to work. Keep records of any supervision you receive and who gives you instructions on how to perform your work. Also document what equipment and tools you use for your job and who provides them. If the company provides everything you need rather than you using your own tools, that strongly indicates employee status. Track any training they provided and any company meetings you're required to attend.

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Logan Chiang

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Just checking - have you contacted the original company that sponsored your H2B visa? They're the ones who are legally responsible for your employment, and they might not even know this "contractor" is handling things improperly. When I worked on an H2B at a resort, something similar happened, and when I contacted HR at the main company, they were horrified and fixed the situation immediately.

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Isla Fischer

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This is actually really good advice. I work in HR for a company that uses H2B workers, and we'd want to know immediately if one of our contractors was mishandling visa workers. There could be serious consequences for the sponsoring company if this isn't addressed!

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This situation is absolutely unacceptable and potentially illegal. As an H2B visa holder, you have specific legal protections that are being violated here. The fact that you're working through a "contractor" instead of your actual visa sponsor, receiving payments from various bank accounts, and getting payslips via WhatsApp are all major red flags indicating potential visa fraud and tax evasion. DO NOT provide your SSN for a 1099 - this would make you complicit in tax fraud since H2B workers must be W-2 employees with proper withholding. I'd recommend taking these immediate steps: 1) Contact the DOL's National H-2B Fraud Detection Unit at 1-866-4-USWAGE, 2) Report this to ICE since it involves visa fraud, and 3) Contact an immigration attorney who handles H2B cases. Document everything - those WhatsApp messages, payment records, and any communication about the 1099. This contractor setup is designed to avoid paying proper taxes and could jeopardize your visa status. Your sponsoring employer needs to be made aware immediately as they're legally responsible for ensuring you're properly employed and classified.

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Carmen Ortiz

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This is incredibly helpful information, thank you! I had no idea there was a specific H-2B Fraud Detection Unit. Quick question - if I contact the DOL fraud unit, will they keep my identity confidential? I'm worried about retaliation since I still need to work and my housing is tied to this job. Also, do you know if there are any free legal resources specifically for H2B workers who can't afford an immigration attorney?

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