Hiring Overseas Contractor With Green Card In Salt Lake

Category:

Contracts - Independent Contractors - International

State:

Multi-State

County:

Salt Lake

Control #:

US-0028BG

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Instant download

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The Foreign Corrupt Practices Act of 1977 resulted from bribery of foreign government officials by Lockheed Aircraft Company. This Act is designed to prevent the bribing of foreign officials in order to obtain foreign government contracts. Payments to foreign officials for â€œfacilitation,â€ often referred to as grease payments, are not prohibited under FCPA so long as these payments are made only to get officials to do their normal jobs that they might not do, or would do slowly, without some payment. These payments can be made only to secure a permit or license; obtain paper processing; secure police protection; provide phone, water, or power supply; or similar such actions.

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Appropriations Act restrictions. Congress prohibits the use of appropriated funds to employ non-citizens within the United States. Certain groups of non-citizens are not included in this ban, including: Persons who owe permanent allegiance to the United States (for example, natives of American Samoa and Swains Island).

Can a Non-US Citizen Be an Independent Contractor? 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.

As an employer, you may require the services of a noncitizen to work at your company or business. If the individual is already a permanent resident (Green Card holder), you may hire that individual, but you must comply with the employment verification requirements.

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.

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.

Can a US Company Hire a Non-US Citizen? 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.

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.

Three options for hiring international workers from another country. Despite the challenges of hiring overseas employees, companies have several options for hiring international workers, including setting up a legal entity, partnering with an employer of record, and engaging contractors.

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.

You must first request certification from DOL before submitting your I-129 petition to USCIS. For H-1B nonimmigrants, a Labor Condition Application, and for H-2A and H-2B nonimmigrants, an Application for Temporary Employment Certification must be filed in ance with DOL instructions.

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Hiring Overseas Contractor With Green Card In Salt Lake

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