You can see the same patterns in the society, in the erosion of workers' rights that our ancestors bought literally with their blood and suffering. It's the same force acting on all fronts.
so in conclusion even by your test you are not employee
If the work law in US does not protect them, that is another matter.
Same goes for many other gig economy roles.
Sure, you might have more "rights" if you were to tally them up. But human psychology is easily gamed, and things like this end up hurting employees on the whole.
For example by hiring contractors in place of employees.