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In the U.S., companies that engage with independent contractors require them to complete an IRS 1099 form to comply with American tax laws. U.S.-based companies paying international contractors should have contractors fill out an IRS Form W-8BEN, which certifies their foreign status in the eyes of the U.S. government.
Yes! Classify nonresident aliens as either an independent contractor or an employee using the same rules as you use for U.S. Citizens who work for you. Check out the Independent Contractor (Self-Employed) or Employee page on IRS.gov for details.
How do I hire an employee in another country?Apply for certification from the United States Department of Labor.Interview prospective foreign workers.Apply for a work visa from U.S. Citizenship and Immigration Services.Verify the tax laws applicable to your company and the foreign worker.
To hire a foreign employee, a US company will have to sponsor the visa, which in most cases requires that they not only show sufficient means but also invest in their current operations.
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.
US companies can hire Canadians as either contractors or employees. For employers wanting to hire Canadian employees, you have two options: create a Canadian entity or engage a PEO. With a PEO, US companies can leave payroll, taxes, and compliance in the hands of experts.
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.
US companies can hire foreign workers by applying for the relevant certification from the US Department of Labor. The certification will be determined by the occupational requirements of the vacancy. Upon certification approval, the talent sourcing and interview process can begin.
The law does not require you to complete a contract with your self-employed or freelance workers - a verbal contract can exist even when there is nothing in writing.