Hiring international independent contractors can be a simple solution for meeting your global staffing needs, but only if you thoroughly understand how to work with contractors in their host country in order to minimize the risk of employee misclassification.
The main factor to keep in mind is that any non-American contractor will have to be sponsored by the company utilising their services. There's no way around this and without sponsorship, UK-based professionals in IT or any other industry will have no chance of working in the USA.
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.
Foreign vendors do not complete the Substitute Form W-9; foreign persons or entities must submit one of five available forms. The vendor must determine the one most appropriate to their United States tax status for reportable transactions.
First, employers must seek certification through the U.S. Department of Labor. Below you will find a link to documents and forms. Once the application is certified/approved, the employer must petition the U.S. Citizen and Immigration Services for a visa.