Hiring Overseas Contractor With Green Card In Massachusetts
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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.
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.
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.
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).
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.
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.
While specific industries, such as defense contracting, may impose citizenship requirements due to federal mandates, most roles are accessible to qualified Green Card holders.
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. Even if you have multiple passports, you might be asked to give up the non-U.S. ones.
Green card holders enjoy the flexibility to work remotely for non-U.S. companies while exploring the diverse landscapes and cultures within the United States. However, working outside the U.S. introduces considerations regarding the length of stay abroad, as prolonged absences may impact green card status.
