If someone has the right to work in the United States, which is granted with a Green Card, then you can hire them. All he will have to do is show proof of my overseas work at his interview.We have been quite confused because the attorney was very persistent! If you are hiring a foreign contractor, you will need to have them complete IRS Form W8BEN. This guide will help you learn how to hire overseas contractors and pay them compliantly. How to hire overseas contractors in a foreign country. You need to prove that no American citizen is available who can fill the position. Learn how U.S. companies can hire foreign independent contractors, covering legal aspects, benefits, and compliance tips. The equivalent form for overseas contractors is W8BEN. Employer and the foreign worker have executed an employment contract, employer shared copy of contract.