Where can I find the law for hiring a person living abroad in an LLC located in the US?

I want to assign some tasks to someone living outside the US for less than 3 months. 

The person is not a US citizen nor having a visa or anything. I want to know what is the legal and right way to do this? 

Which agencies should I report this to? Do I need to file extra tax forms?

What are the possible liabilities for me?

I am not sure if this is important but I have two candidates, one from India and one from China. 

3 Answers

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  • 1 month ago

    Your company MUST be a "qualified" employer & prove there are NO Americans qualified & available for the job. The job must also have education & experience requirements meeting employment visa requirements. IF the work can be done remotely, they can do the work at home in their own country & need not enter US at all. 

    An LLC is likely too small a company to qualify to hire foreign workers, and a 3-month assignment is not worth your expense, hassle, paperwork, legal fees to bother with. By the time you prove you have searched for a qualified American for a minimum of 6 months, documented all candidates for the work, prove the job's requirements meet visa requirements, pay all the fees & hire an attorney to help you do all this, it can easily cost you as much as $25,000 before you even pay for their transportation to US, short-term housing, return transportation, etc. If you search appropriately for an American contract worker, you will doubtless find an excellent employee or contract worker for a fraction of the cost of bringing in some Chinese or Indian temporary worker.

  • 1 month ago

    You will employ the person as a freelance consultant.  He will be responsible for his own taxes etc.  You will need professional help in drawing up the contract and payment schedules because your LLC's liability insurance will not cover their activities.  I suggest you also make sure that you have total control of the work flow as US law will not cover any disputes.

  • Tavy
    Lv 7
    1 month ago

    Talk to an Accountant.

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