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Can US companies hire foreign workers? Yes, US companies can hire foreign workers either as full-time employees or independent contractors, with the option of either working remotely in their home country or relocating to the US with the relevant labor certification and visa.
If you're planning on working remotely while you travel, don't just rely on tourist visasyou could end up being detained or deported if the local authorities find you violating the terms of the visa you're traveling on. There's no universal visa rule for every country in the world.
There's no universal visa rule for every country in the world. Some countries might allow you to work on a tourist visa if the scope of your work is limited to your country of residence, for example, while others might take a harsher approach, even if you're not interacting with the local workforce.
Typically, when workers enter another country, they are required to obtain work visas sponsored by their employer.
A foreign national may be prohibited from working from the host country while on a tourist visa. If a visa, work permit, and/or residence permit are required, allow enough time to make sure these are obtained before the employee starts working remotely.
As long as your foreign employee works remotely form their own country, there is no need for a work visa either. However, if you were to bring them to the US either for training or an extended stay, then they would need a business visa. Subscribe to get more insights like this.
There are two primary ways to legally pay foreign employees overseas: 1) set up and incorporate a legal entity or 2) use a GEO service with a local employer of record. (Some companies choose to hire foreign workers as contractors, but that strategy is more suited for shorter, project-based roles).
Ideally, you should try to change your US payroll to your home country payroll if you have to stay outside the US for longer than 2 months. Your employer should be informed about this remote work.
In Summary: The U.S. Labor Department, the IRS, and U.S. Immigration lawyers all say it is legal for a U.S. company (or any U.S. employer) to hire foreigners living outside of the U.S. as remote (or telecommute) independent contractors.
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.