There are two immigration routes that our clients utilize to hire foreign construction workers (1) H-2B Visa (Temporary Worker) and (2) EB-3 (Green Card). Collect IRS Form W8BEN (or W8BENE) for foreign independent contractors.First, employers must seek certification through the US Department of Labor. Below you will find a link to documents and forms. Generally, individuals with green cards can open their own businesses and operate as independent contractors. Getting an employer sponsored green card is a 3-step process. A U.S. company can hire international employees through a legal entity, partnering with an EOR, or engaging contractors. Can an International Contractor Work in the US? When do contractors have to fill out Form W8 BEN? The permanent residence based on the work request is made overseas employers or individuals with jobs in the United States.