Hiring Overseas Contractor With Green Card In Maricopa
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
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.
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).
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.
First, your employer is required to get an approved Labor Certification from the United States Department of Labor (DOL). Second, your employer must file an immigrant petition on your behalf (Form I-140). Third, you are required to either adjust status (Form I-485) or apply for your immigrant visa (Form DS-260).
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.
LIST A: Documents That Establish Both Identity and Employment Authorization. All documents must be unexpired. Form I-551, Permanent Resident Card or Alien Registration Receipt Card (commonly called a Green Card.)
While specific industries, such as defense contracting, may impose citizenship requirements due to federal mandates, most roles are accessible to qualified Green Card holders.
In general, you must be a U.S. citizen or national (residents of American Samoa and Swains Island) to work for the federal government, but there are some exceptions.
Many contracts now include clauses requiring team members to be U.S. citizens, but not always. If you're involved in work requiring a secret or top-secret clearance, it's a no-go for non-U.S. citizens.
