Distinguishing between employees and foreign contractors is crucial, as they have distinct legal and tax implications. The main differences are as follows:

  • Control and Independence: Employees work under the control and direction of the hiring company, whereas foreign contractors have more independence and control over their work methods and schedules.
  • Employment Benefits: Employees are typically entitled to benefits such as health insurance, retirement plans, and paid leave, while foreign contractors are responsible for their own benefits.
  • Tax and Withholding: Companies withhold taxes from employees’ wages and are responsible for employer taxes, while foreign contractors are responsible for paying their own taxes and often require withholding tax exemptions under tax treaties.

Browse more Immigration law articles.