Can a US company employ a foreigner telecommuting from abroad?
Is a US company allowed to employ a foreigner telecommuting from abroad? E.g. a Frenchman living in Ecuador? Without a greencard/visa/work permit, since he does not live in the US?
If no: Which is the law which interdicts it?
If yes: Under which circumstances? Does he have to open his own company?
How about taxes and customs duty? I think he does not have to pay US taxes if he spends less than 122 days per year in the US (see Wikipedia on "tax exile"). How can the US company handle this?
Which employment laws do apply? I have found this: http://www.gentrylocke.com/showarticle.aspx?Show=242
Hi virus, thank you for the answer. So if it is a multinational company with a branch in the foreign country, it is of course no problem. The branch adheres to local laws and pays local taxes. What if there is no local branch?
Tags: circumstances, customs duty, days per year, ecuador, employment laws, foreigner, frenchman, hi virus, local taxes, multinational company, tax exile, Telecommuting, visa, wikipedia
March 9th, 2010 at 23:12
sure, it can
as the foreign employee (individual or company) works outside US, the american immigration, employment and tax laws do not apply.
March 9th, 2010 at 23:12
Well…. i suppose 90 % of the companies do so in the U.S. to remain competitive.
I am an indian… placed in an American Multinational… In India..
The employee of other country will pay the taxes according to Tax norms of that country… and the Company which is Hiring the individual will also have to follow the norms of the Government of the country in wich the Employee is hired.
Once hired you can use telecommunication or any other means to get ur business done.