migrant worker

[Gymbo Baggins]

How as an employer do I claim sub contractor deductions from a Migrant worker with proper I9 form documented?

[MinhT1 · Accepted solution]

A migrant worker with proper I-9 documentation is allowed to work in the US.

Payments to such worker for services performed for your business can be deducted on your tax return as Payment to contractors.

[Gymbo Baggins]

Follow up. How do I send 1099 without a EIN or a social security number If my only proof is a visa and passport for ID as required documentation from the I9 rules? Seems it was rejected by the IRS a few years back. That said I may have improperly categorized back then as well. Thank you for taking time to clarify but if you could walk me through this scenario. I have documented sub contractors that supply EIN on the W-9 so my 1099's are clean on them but on the immigrants I'm not sure where and how to classify this deduction and If I am required to 1099 them as well

[MinhT1]

A migrant worker who has his I-9 form properly documented must have a SSN. E-Verify will not approve a migrant worker without a SSN. If the migrant worker does not have a SSN then his I-9 is not properly documented through I-Verify.

You cannot file a 1099-NEC without a SSN.

Please read this USCIS document for more information.