Comment by philip1209

14 hours ago

Historically, startups have hired foreign "employees" as contractors to simplify paperwork.

How are "false freelancer" laws, e.g. in Spain, affecting the market? Do you generally advise American early-stage startups startups to hire foreigners as contractors, or to immediately use a PEO?

We don't get involved in that. We get involved when a company has identified a foreign national whom it would like to employ in the U.S., whether the foreign national is inside the U.S. or outside, and try to develop an immigration solution. But if the foreign national is outside, we let U.S. employers know that the foreign national can be employed by the U.S. company without a U.S. work visa whether as an employee or contractor if the foreign national works while outside the U.S. By necessity, this is what many employers do because there's no U.S. work visa option available.