1. Tax forms for employees of the subsidiary, you mentioned two types: 1099? W-2? What is the difference between these two?
The difference between 1099 and W-2 is that one person can have 2-3 1099 forms at the same time, but cannot have 2-3 W-2 forms simultaneously. W-2 is for fixed employees. There will be differences in treatment. 1099 is for outsourced contract workers, and of course, it is impossible for one person to have more than 3 1099 forms. There simply isn't enough time. Both are qualified labor qualifications. There will definitely be 100% of them.
2. If the client's own conditions do not meet the strict requirements for applying for EB-1C, for example: the company has only been operating for one year, is there a flexible mechanism to apply for EB-1C, or if they can first apply for B-1/B-2 to go out and help find a company to handle this matter?
The legal basis for EB-1C is the relationship between the parent company and the subsidiary. More precisely, it is necessary to find a way to prove that you are so outstanding, and the company needs you so much because your position is irreplaceable.
Therefore, if you say you are coming over on a B1/B2 visa, without an L-1, you cannot work on U.S. soil. You can imagine, how can someone who has never worked on U.S. soil and does not have a parent company in China prove the importance of the parent-subsidiary relationship? It is basically very difficult.
If the client has a parent company in China and comes to the U.S. to acquire a company, at this time, they are a shareholder. After one year, they can change their status. Of course, theoretically, you can apply in 6 months, but the chances are slim. Good lawyers do not look favorably on this and are unlikely to accept your case because the probability of failure is too high, which would affect the lawyer's record.