The equivalent form for overseas contractors is W8BEN. It is critical that business owners correctly determine whether the individuals providing services are employees or independent contractors.Need to pay international contractors? This how-to guide provides the best methods and resources to make overseas payments quickly, safely and securely. Use the Independent Contractor or Employee Form for payments to independent contractors unless they meet one of the following categories. Independent contractors perform services in exchange for compensation and are generally free from the employer's control and oversight. Learn how U.S. companies can hire foreign independent contractors, covering legal aspects, benefits, and compliance tips. To begin working as an independent contractor in the US, you'll first need to choose a legal structure for your business. A person working in the employer's place of business is physically within the employer's direction and supervision. If an independent contractor is actually an employee that involves significant penalties to the employer as well as back pay and penalties to the employee.