How to Hire Foreign IT Talent Legally for Your U.S. Startup in 3 Steps

To start off, try answering a few of these questions:

Step 1

Find a professional who is equal to, if not better than, one from the Valley (we know it may be hard for many Americans to believe). The world is huge, and there are a lot of IT giants in America, yet only 5% of the population lives there: talent is distributed equally around the world, opportunities are not. Also, a non-American remote worker’s pay will not include the “Valley markup” (about $60k-110k a year; more about that here).

Step 2

Since, in this case, we’re talking about an employee who is not a US citizen, then it’s better to treat them as a Contractor. This way, you won’t be faced with barriers like them moving to another country, bureaucratic delays, visa unpredictability, etc.

Step 3

Submit form W-8BEN for an individual or W8BEN-E for an entity to establish that the Сontractor is foreign and that the work is not being performed from within the US.

Step 4

Enjoy the benefits!

  1. If someone buys you out, your consultants will not be able to get visas immediately. But, there’s a workaround for these cases. The buyer gives time to eliminate the deficiencies identified by the auditors. If necessary, contractors can be made employees in the short term by opening subsidiary offices in the countries where the specialists live. This can be done at the expense of the buyer.
  2. It’s harder, but the benefits are worth the effort. — a new kind of recruitment service focusing on remote tech companies.

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