Hiring Overseas Contractor With Green Card In Queens
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FAQ
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.
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.
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.
Yes. The anti-discrimination provision of the INA prohibits hiring discrimination and discrimination by employers in the employment eligibility verification process, on the basis of citizenship status or national origin.
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.
(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department's Chief Security Officer or designee.
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.
A green card holder may work at any job where the employer is willing to hire him/her, with the exception of jobs requiring only US citizens for reasons of national security.
There is no restriction on US Green Card holders to work any number of jobs they like.
