Investing in foreign workers has never been more advantageous. There is a greater potential for productivity, inclusion, and sustainability among international workforces. In this article, we’ll give you tips on hiring international employees and the advantages they offer.

Why Is International Employment Growing Up?

In most cases, U.S. companies are hiring international employees to fill the shortage of highly skilled workers. You can gain a different perspective from hiring international employees since they come from different cultures and bring unique experiences to the company.

Benefits Of Hiring International Employees

Here are the key advantages to hiring international employees:

• Diverse talent pool. In addition to diversifying your recruitment funnel, international hiring allows you to access a broader range of qualified candidates. 
• Access to wider markets. With a diverse workforce, you can take advantage of various types of expertise to reach specific markets and grow into a global business. 
• Flexibility. With international and remote workers in various parts of the world, you can extend your operational hours – providing 24/7 customer support.

Can U.S. Companies Hire Foreign Workers?

Yes, any U.S. company can hire international workers. These employees can work either full-time or as independent contractors. You will need relevant certifications and visas to relocate workers to the U.S.

Legal Factors to Consider Before Hiring an International Employee

There are incredible benefits to having a global workforce. However, there are also legal factors to consider, which you can check in the resources provided by the United States Citizenship and Immigration Services (USCIS).

• Employment eligibility. You must verify the identity and eligibility of the employees you want to hire by completing the Form I-9.
• Visa and work authorization. International workers need visas and work permits to work legally in the United States. 
• Employment and labor laws. You must learn about federal, state, and local laws on minimum wage rates, overtime pay, workplace safety, and compliance with harassment and discrimination laws. 
• Payroll and taxes. International workers may have tax obligations different from those of the rest of your employees. Make sure to consult with a tax specialist about tax treaties and other reporting obligations.
• Benefits. Check if your international workers are eligible for benefits and subject to Social Security tax.

How to Hire a Foreign Employee: Steps to Follow

Hiring foreign workers is an entire process that involves filing papers in government agencies, obtaining authorization, and getting applications approved. Here are some steps to consider:

• Get the necessary certifications from the U.S. Department of Labor. You will need to prove that you can’t find a qualified U.S. worker to perform that job for you; thus, you need to hire elsewhere.
• Once you have the certifications, you can start posting job vacancies and start the interview process.
• After finding the right candidate, it’s time to obtain the necessary work visas. For foreign workers who are already in the country, you can use Form 1-9. Check the work authorization with the E-Verify federal database. 
• Ensure tax and Social Security compliance.

Hiring Remote International Employees

When you hire remote international workers, it is crucial to have in-depth knowledge of the legal requirements for the respective countries. Make sure to research local workforce regulations, such as overtime pay, leave policies, and working hour limits. It is best to set up a dedicated H.R. team and have legal experts for overseas operations to help your company with compliance.

Which Roles Are More Suitable for Hiring International Remote Workers?

If you plan and organize properly, remote foreign hires can thrive in several roles within your company. Here are some positions where many remote workers have found success:

• Administrative support
• Virtual assistants
• Customer service
• Finance
• Marketing
• Software engineering and IT

FAQ About International Employment In U.S.

These FAQs (frequently asked questions) will help address some of the common queries related to hiring international workers for U.S. employers. 

How can U.S. companies pay foreign employees? Payment terms for international employees.

You need to check local laws and regulations when paying your foreign workers. Independent contractors need to take care of their income tax obligations. Meanwhile, you have various options when paying remote workers. You can use wire transfer, PayPal, money order, or send them a check.  

What certification do foreign workers need?

Depending on the position, a foreign worker will need certifications such as:

• Permanent Labor Certification
• H-1B, H-1B1, and E-3 Specialty (Professional) Workers
• H-2A Temporary Agricultural Program Certification
• H-2B Certification for Temporary Nonagricultural Work

Do foreign employees pay U.S. taxes?

All foreign workers are required to apply for a social security number and are subject to payroll taxes like the citizens. Remote workers, on the other hand, are required to complete the Form W-8BEN.

What is employee misclassification?

This happens when an employer incorrectly identifies a foreign employee as an independent contractor. Whether it’s a malicious scheme or an honest mistake, doing this can have severe consequences for the business. 

Which visas are available for foreign workers?

There are various visa options available to foreigners who wish to work or come to the United States for work. There are temporary non-immigrant visas like the H-1B for professionals or H-2A and H-2B for seasonal workers. There are also permanent worker visas and temporary business visas like the B-1 visas for short-term business in the U.S.

How Kilpatrick Can Help Companies in Hiring International Employees?

There are many benefits to hiring foreign or remote workers, but there are also lots of complexities. Kilpatrick Executive has a team of H.R. professionals that operates in various countries and specializes in headhunting for specific client needs. Contact us and let us help you find the right candidate – whether you need a remote worker or someone amenable to relocation.