Hiring Overseas Contractor With Green Card In Nassau
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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
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).
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.
For visits NOT exceeding 30 days: An original Alien Registration Card (Green Card) is required, along with a national passport (passport from country of birth). For visits exceeding 30 days: A valid national passport and a Bahamas visa are required for U.S. resident non-citizens wishing to stay longer than 30 days.
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.
All immigrants regardless of legal status are able to earn a living as independent contractors, or start a business using an ITIN or SSN.
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.)
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.
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).
However, the IRS doesn't require a company to withhold taxes or report any income from an international contractor if the contractor is not a U.S. citizen and the services provided are outside the U.S. filing forms 1099 is required if: The contractor is located internationally but is a U.S. citizen.
Companies must ensure that foreign independent contractors comply with immigration laws by obtaining the necessary work permits and visas. It is important to research and understand the regulations specific to the contractor's home country and the country where the work will be performed.
