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.
US company hiring a foreign independent contractor living abroad. The US company doesn't need to report the payments they made to the foreign independent contractor to the IRS if they are not US-sourced income. The company also doesn't need to withhold any tax.
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 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.
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.
All immigrants regardless of legal status are able to earn a living as independent contractors, or start a business using an ITIN or SSN.
Yes, you can work for a foreign company remotely. For working remotely in a foreign company, you didn't need a visa. You can work overseas for any company just by sitting at your home. All you need to check is that the company should provide remote work. As not all the companies provide remote work.
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.
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.