Yes, but you will need to ensure that your foreign independent contractor is not legally defined as an employee under foreign labor laws, in order to avoid any litigations. You should also have your foreign independent contractor complete Form W-8 BEN to establish his or her status as a foreign person.

Can you hire someone who is not a US citizen?

Remember, it is against federal law to knowingly employ someone who is not authorized to work in the U.S. If you decide to hire someone who is not a U.S. Citizen, but is a legal alien, your first step is to find out if they are a Resident or a Nonresident Alien.

How do I pay an international employee?

You have four basic options to pay your overseas employees:

1. Pay the employee on your home country payroll.
2. Ask a local partner or third party company to place them on their payroll.
3. Outsource payroll to handle your remote employee.
4. Pay them as independent contractors.

Can a US company hire a foreign employee to work remotely?

In Summary: The U.S. Labor Department, the IRS, the SBA, and U.S. Immigration lawyers all say it is legal for a U.S. company (or any U.S. employer) to hire foreigners living outside of the U.S. as remote or telecommute workers.

Can I hire a foreign worker to work remotely?

If a foreign candidate shows promise as a remote worker, can you still hire them? Though managing international remote workers (whether contractors or employees) does require a different set of practices and procedures, it’s absolutely possible.

How does a non U.S. citizen get a work permit?

The only way you can get a Work Permit is to have a U.S. immigration status that allows you to work while you are here. If you do not have such status and submit an application for a Work Permit, USCIS will reject your application. You received other Work Authorization before your Work Permit application was approved.

Can a u.s.company hire an overseas employee?

As a preliminary matter, a U.S. employer cannot avoid its federal statutory obligations merely by hiring workers overseas to perform the regulated activity. This is especially true regarding data privacy protections, which cannot be avoided by the common practice of having overseas workers as data processors.

Can a US company hire workers from Canada?

US employers have more choices than ever when finding the right talent to meet their business needs. One emerging trend is to hire remote workers in other countries if the right skill set can’t be found inside the US, or for business expansion. One obvious choice is to recruit workers in Canada.

What happens when you hire a foreign employee in the UK?

The emerging trend of hiring employees overseas brings with it the complexity of international payroll . You could find yourself interacting with two different payroll and tax regimes, both at home in the UK and in the host country, depending on the tax residency of the employee.

Can a foreign company hire a remote employee?

This means that remote employees can be hired at the same time around the globe, while the company has a single point of contact with the GEO to manage all of the details. The EOR becomes the de facto local employer in each location on behalf of the foreign company.