Is the IRS form 1099 appropriate in this case?

[friendfromcr]

Hi i am a non US cititzen with a student visa, Last Year i did an internship for a small software company for while going to school, it lasted about 3 months and i got paid over 1K using a 1099 IRS form ( contractor form? ). My questions is whether using the 1099 is appropriate for an Internship? Or should the employer file a w2 or something like that?

[edited by: Woz at 11:41 pm (utc) on Sep. 5, 2004]
[edit reason] tidying up [/edit]

[icedowl]

You get a W-2 if they withheld federal taxes.

When a company pays $600.00 or more in a calendar year to an individual (or to another company) and no taxes were withheld, they must issue a 1099 to that individual/company.

[friendfromcr]

Well my question was as follows:

The company did not kept any taxes they just gave me a check and file using a 1099, so they said i was a contractor for them instead of being an actual employee or intern for the company..

is this ilegal for someone on a student visa. because i am not supposed to have my own business only for for a business.

and if it is illegal then is the comapany's fault because they did not file with w2's instead they use a 1099?

i think this question has more to do with INS rather than IRS.