It depends. Does your employer retain the right to control the how you perform your work? If yes, then you are an employee. If no, than you are an independent contractor. If maybe, then the Court will consider these additional questions:

  • Are you engaged in a distinct business?
  • Is your job usually done with or without

Guest authorVeronica Benigno Guinto, an immigration attorney in the San Francisco Bay Area answers:

No. The Fourteenth Amendment’s guarantees of due process and equal protection of the law protects U.S. citizens and non-citizens alike. The term “person” under the Amendment encompasses U.S. citizens, lawfully admitted resident aliens, and even aliens whose presence