Hello!

I’m a U.S. worker up for a job with a client of mine (I’m currently a W2 employee working in distro - they are one of my suppliers looking to hopefully bring me on board). Here’s the rub: it’s a supplier located in another country, without a U.S. subsidiary (it’s in their 5 year plan to open one as soon as they can). They need salespeople in the U.S. to help grow their product, specifically in my region, so they need people located here.

How do we do this legally? It can’t be a W2, because they don’t have a U.S. base. They are offering a 1099, but the job parameters are absolutely that of an employee. If they were based in the U.S., it’d be illegal, but I don’t know if them being international makes 1099 ok by default, or if another option is appropriate for this.

Anyone else in a similar situation? What’s the above board protocol?

Thanks!