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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?
sure, it can
as the foreign employee (individual or company) works outside US, the american immigration, employment and tax laws do not apply.
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