Learn how U.S. companies can hire foreign independent contractors, covering legal aspects, benefits, and compliance tips. An Independent Contractor (IC) is generally an individual who is in an independent trade, business, or profession and offers services to the general public.These forms are available for downloading or in the forms cabinet outside the Business Office. If you contract with a foreign company or selfemployed workers who operate under a business entity, you'll need to collect IRS Form W8BENE. Have any private understanding or agreement with an individual employee, or group of employees, in conflict with this Agreement. Contractors need to complete Part I and Part II of the IC. Questionnaire depending on the category requirements. The equivalent form for overseas contractors is W8BEN. This sample letter of agreement between employer and employee Susan C Clarke and Rodolph M Hettinger will become legally binding once both parties sign. Opening a local subsidiary involves establishing a new legal entity in the foreign country, which hires the workers as local employees. A common mistake employers make when filing tax reports is misclassifying employees as independent contractors.