Hiring Overseas Contractor With Green Card In San Diego
Description
Form popularity
FAQ
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.
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.
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.
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.
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.
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.
While the US federal government is more restrictive in regards to hiring people who are not American citizens or US nationals, Green Card holders can work in state and local governments for a range of positions.
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.
