# Work remotely for a US company without a visa



## mattbeedle

Hey,

I'm originally from the UK, living in Germany for the past 6 years. I just received an offer to work remotely for a New York company. I didn't even think about working visas for remote work and now I need to find a solution quickly or lose the opportunity.

How can I manage this without a US working visa? I have a German UG set up so was thinking perhaps my UG can have a contract with the US LLC and I can be employed by the UG. Or is there an easier way?

Thanks!


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## Bevdeforges

If you're not going to physically go to the US, then you don't need a work visa. Probably the easiest way to go would be to work as a contractor (this may be what you mean with the UG - I'm not familiar with the term). Means you would bill the company for your services and be paid without any deductions for US taxes or benefits. (Also, no need to file US taxes.)

Up to you to settle taxes and social insurances with the German government as a business.
Cheers,
Bev


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## pajh

Bevdeforges said:


> If you're not going to physically go to the US, then you don't need a work visa. Probably the easiest way to go would be to work as a contractor (this may be what you mean with the UG - I'm not familiar with the term). Means you would bill the company for your services and be paid without any deductions for US taxes or benefits. (Also, no need to file US taxes.)
> 
> Up to you to settle taxes and social insurances with the German government as a business.
> Cheers,
> Bev


Dear Bev
I am in a similar situation, I applied for a remote programming job with a US based company. They asked if I am authorized to work in the US (Having US work visa for any employer). I responded that since I will not be working there physically I don't need a visa and in worse case scenario I am willing to work as a contractor (I really like the firm and would try my best not to lose the opportunity). They are a lil confused regarding the rules themselves and have responded:

If you are employed by a US company:
1- either have to have the right to work in the US 
2- The employing company should have a business entity in your country 
3- if the person is working for a contracting employment firm, who manages all the employment requirements of that country.

Do I really need to be working for a contracting firm to be a contractor? Can you refer me to some source in the US legal system that sheds light on these things?

Thank you.


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## Nononymous

The way I would read this, and respond, is that you would fall under case 3. But the contracting firm would be your own consulting company with precisely one employee - you.

This situation seems to be a bit of a grey area, or at least a source of much confusion for US employers hiring people to work remotely. I think it's technically possible to be a salaried employee of a US company while living in Germany. But the employer may not realize this, may think that you need a work visa, and worse, may take all sorts of standard deductions for US tax and social security which you'd then have to claim back somehow.

It would be much simpler to set yourself up as an independent contractor in Germany and bill the US company as your client.


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## pajh

Nononymous said:


> The way I would read this, and respond, is that you would fall under case 3. But the contracting firm would be your own consulting company with precisely one employee - you.
> 
> This situation seems to be a bit of a grey area, or at least a source of much confusion for US employers hiring people to work remotely. I think it's technically possible to be a salaried employee of a US company while living in Germany. But the employer may not realize this, may think that you need a work visa, and worse, may take all sorts of standard deductions for US tax and social security which you'd then have to claim back somehow.
> 
> It would be much simpler to set yourself up as an independent contractor in Germany and bill the US company as your client.


Thanks for the reply. I am actually based in Italy. I think I will need to register VAT in Italy to function as a contractor from what I understand. I thought working as a freelancer was hassle free thing where I could receive money from the employer and then declare my income in the host country rather than becoming a registered contractor prior to starting a remote job.


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## Nononymous

Well I can't speak to Italy so I don't really know the situation there. What I do know is that you will have to satisfy two parties:

Party number 1 - the country in which you live. In Canada, it's super easy to just work freelance, takes a ten-minute phone call to get a business and tax number, and away you go. If desired I could also spend a bit of money and set up a little company, but it's never been necessary, no client has ever required it. I have no idea how that works in Italy - maybe it's just as easy, maybe it's a huge mess of red tape. 

Party number 2 - your customer, be it a US company or anyone else. As I said, most of my clients have been happy to just write me a cheque in exchange for an invoice. Some bigger clients will require that I be on a list of approved vendors, in which case we do a pass-through deal with a staffing firm. For you, it's up to the US company. That company may think you need to be a permanent salaried employee with a work visa and tax deductions etc. They may think you need to be set up as some sort of consulting company in Italy. Or they may be willing to send cheques to directly to you as an individual. That bit you'll have to negotiate with them.


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## Nononymous

PS I would cross-post this to the Italy forum.


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## pajh

Nononymous said:


> The way I would read this, and respond, is that you would fall under case 3. But the contracting firm would be your own consulting company with precisely one employee - you.
> 
> This situation seems to be a bit of a grey area, or at least a source of much confusion for US employers hiring people to work remotely. I think it's technically possible to be a salaried employee of a US company while living in Germany. But the employer may not realize this, may think that you need a work visa, and worse, may take all sorts of standard deductions for US tax and social security which you'd then have to claim back somehow.
> 
> It would be much simpler to set yourself up as an independent contractor in Germany and bill the US company as your client.


Ok so apparently registering myself as a contractor takes considerable amount of time, almost two months! Are there online alternatives out there? Like working from an online contractor firm. I have used Odesk in the past where they work as an intermediary between the employee and employer for a % of the earning. Any ideas?


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## Nononymous

As I said, it's really up to the employer in the US. What do they want? If they will work with an intermediary like Odesk, great. If they require you to register as a contractor in Italy, bummer. If they'll just mail you cheques, that's easier. But it's something you'll need to negotiate with them.

You may not need to charge VAT if you're performing the service outside of the EU. Look into that. It's an odd thing about remote work. Your US employer may also not wish to pay Italian VAT, which I'm sure is a healthy percentage.

One assumes also that you have a visa status in Italy which allows you to work.


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