Hiring Contractors From Overseas In California
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U.S. companies can hire non-U.S. citizens as independent contractors without a work visa, provided the contractor performs the work from outside the U.S.
Any citizen of a foreign country wishing to enter and work in California legally first needs to obtain a work visa. These temporary visas allow a recipient to stay for a fixed period of time, and do not confer any citizenship or permanent resident status.
The IRS requires a flat 30% withholding on ALL types of payments to foreign national individuals UNLESS: The individual has a U.S. tax identification number (SSN or ITIN) and qualifies for a tax reduction under the tax treaty between the U.S. and their country of tax residency.
1099s for US Contractors Abroad You will then use these forms to report your worldwide income on your US tax return. Foreign clients may not be required to send you a Form 1099. In that case, you will be responsible for tracking your own income so you can report it accurately on your US taxes.
First, employers must seek certification through the U.S. Department of Labor. Below you will find a link to documents and forms. Once the application is certified/approved, the employer must petition the U.S. Citizen and Immigration Services for a visa.
Contracts Must Be in Writing Under the FWPA, contracts between hiring parties and freelance workers must be in writing. The hiring party must provide the freelance worker with a signed copy of the written contract, either physically or electronically, and must retain the contract for at least four years.
The contractor must have held an active license in good standing in one of the reciprocal states for the previous five years. The contractor must submit to CSLB the Request for Verification of License form that is completed by the licensing entity under which he or she already is licensed.
Traditionally, independent contractors in California have the rights to decide when and where they work, set their own fees, have multiple clients, have their own tools/materials, provide skills or expertise that is not part of a company's usual repertoire, etc.
2. Only hire a licensed contractor. Licensed contractors must post a $12,500 bond with the CSLB. You can file a claim against their bond if you have problems with the work they do.