Can a us based company hire a foreign employee?

Yes, but each employer must file a separate application for Form I-129 and, where appropriate, the corresponding labor certification or application for working conditions with the DOL, and receive approval from the USCIS before the employee can start working for a new or additional employer. Image source: Authorized for use under the fair use doctrine The United States Department of Labor specifically states that a foreign labor certificate (work permit) only applies to foreigners working in the U.S.

Can a us based company hire a foreign employee?

Yes, but each employer must file a separate application for Form I-129 and, where appropriate, the corresponding labor certification or application for working conditions with the DOL, and receive approval from the USCIS before the employee can start working for a new or additional employer. Image source: Authorized for use under the fair use doctrine The United States Department of Labor specifically states that a foreign labor certificate (work permit) only applies to foreigners working in the U.S. UU. It makes sense that the United States Government would only care about protecting American citizens in the labor market from foreigners who will come to the United States.

See also IRS Publication 519, U.S. The IRS also states that foreigners who work for a U., S. will not be subject to Social Security or Medicare deductions. The company or taxpayer deducts payments made to a non-resident alien who works outside the U.S.

According to the international tax blog, in its article Fundamentation of Deductions to Foreign Contractors, U.S. employers receive the same federal tax deductions as a 1099 independent contractor. Simply bring books and records of all payments to a W-8BEN worker as you would to any other tax-deductible worker. Here's a simple explanation of who the W-8BEN applies to.

Download the IRS Form W-8BEN here. The IRS makes it easy to fill out the form online. Complete this form and send it to your U.S. employer, who will keep it if requested by the IRS.

While the W-8BEN form is for foreign individuals, there is another IRS form for all foreign companies that work outside the U.S. It's known as W-8 BEN E. A California certified public accountant and tax law specialist explains the difference here. Other differences between the W-8BEN and the W-8BEN and the W-8BEN E are also explained here.

About Form W-8 BEN-E, Certificate of State of the Effective Owner of the United States Tax Withholding and Reporting (entities) About Publication 519, U.S. Tax Guide. Quora, explanation from Connie King, a person who worked for the IRS for 23 years, how to fill out the W-8BEN form here. In addition, all payments made to W-8BEN workers are tax-deductible in the U.S.

The IRS even provides Form W-8BEN for foreigners living outside the U.S. Department of State may be exempt from all U.S. taxes and withholding as independent contractors. To view or add a comment, sign in To view or add a comment, please sign in.

In today's era of remote work, the world is more connected than ever and companies are in a position to hire talent from anywhere. Despite the challenges of hiring employees in another country, there are several options for creating a workforce in any foreign market. Yes, a U.S. company can hire someone in another country; however, the process isn't as simple as hiring employees in the U.S.

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Thea van Gerritsen
Thea van Gerritsen

Incurable internet advocate. Infuriatingly humble travel buff. Subtly charming twitter fan. Devoted burrito aficionado. Infuriatingly humble pop culture evangelist.

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