Are W-2 and 1099 forms proof of income in the United States?

Yes. In the United States, the W-2 and the 1099 are among the most common documents used to demonstrate income, and they can support an EB-2 NIW petition when financial stability helps strengthen the overall picture of your case.

Each one covers a different situation:

• The W-2 is issued by the employer to the employee and records wages paid and taxes withheld throughout the year, evidencing a formal employment relationship.
• The 1099 is used for self-employed individuals, freelancers, and situations outside traditional employment, recording payments received from a source.

Both help demonstrate the existence and origin of income, and are requested in various contexts, not only immigration-related, but also financial and credit-related. In an immigration petition, however, proving income is typically just one of several elements, alongside your qualifications and contributions.

Since each case is evaluated individually and the list of required documents may vary, if you are unsure about what to submit, confirm the current guidelines from the USCIS or consult a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.