Yes, a non-U.S. citizen can be an independent contractor for a U.S. company. This is a key point in understanding how can a US company hire a foreign independent contractor.
(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department's Chief Security Officer or designee.
Foreign remote contract workers don't require visas because they are based outside of the US. While these workers may have to come into the country occasionally to fulfill their contractual obligations, they shouldn't have any issues entering as long as they can provide proof that their stay will be temporary.
Foreign independent contractors must submit IRS Form W-8BEN or W-8BEN-E to certify their foreign status and claim any applicable tax treaty benefits. The US company may also need to file Form 1099-NEC if certain conditions are met, though this is more common for domestic contractors.
Conversely, if the independent contractor is not a US person and did not perform any of their services within the US, you will not be required to issue Form 1099. Instead, the foreign contractor will have to complete and file Form W-8BEN.
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How to find independent contractor jobs Use a gig platform. One major source of independent contract work is online gig platforms. Market yourself. Marketing yourself is an extremely important step in finding independent contractor jobs. Create a website. Solicit clients.
How to find contract jobs Posting frequently on your work-related social media pages. Advertising yourself by word-of-mouth and through physical means, such as business cards or pamphlets. Market yourself and the services you offer on job searching pages and websites.
Companies must ensure that foreign independent contractors comply with immigration laws by obtaining the necessary work permits and visas. It is important to research and understand the regulations specific to the contractor's home country and the country where the work will be performed.