Recruiting in United States does not always require setting up a company there. It does require knowing under which regime a foreign employer is allowed to file returns and pay contributions, and on what conditions.
Three routes generally exist: registration of the foreign employer with the local bodies, the use of an employer of record established on the spot, or the creation of a structure. The first is the least costly but presupposes a local correspondent able to file the returns in the language and to the calendar of the country; the second moves the employment relationship to a third party, which is not neutral in law. The choice is made in the light of the number of employees, the duration envisaged and what local law actually permits.
The choice of state comes before everything else. Hiring without a US entity remains possible through an employer of record, but once commercial activity takes root, incorporating becomes the normal route; the state chosen drives taxation, annual filings and the forum for disputes.
Employer registration is never a single step. You need an Employer Identification Number from the IRS, then a withholding account and an unemployment insurance account in every state where an employee works. This is where complexity builds for a company with a dispersed workforce.
Exempt or non-exempt: it is that classification, not the job title, which determines overtime entitlement. No written contract is mandatory and the relationship is in principle terminable at will, subject to contrary agreement or state-specific exceptions, so a carefully drafted offer letter remains essential to fix pay, overtime status and confidentiality undertakings.
Withholding starts with the first payroll run, alongside periodic returns to the IRS and to the state and an annual statement issued to the employee. Workers' compensation insurance is compulsory and arranged at state level, and work authorisation must be checked at the point of hire. Several states add their own leave and pay transparency requirements, which apply to remote employees based there.
In United States, running payroll on behalf of third parties is reserved by law to no registered profession: any company may take it on. The absence of a legal barrier shifts the checking onto you, and that is why the network itself verifies the registration, the tax and social security standing and the insurance cover of every firm before listing it.
| Local wording | Issuing body | Validity | Source |
|---|---|---|---|
| Certificate of Good Standing (a.k.a. Certificate of Status / Certificate of Existence)Certificate of Good Standing Il n'existe aucun registre fédéral des sociétés aux États-Unis : la pièce est délivrée par l'État d'immatriculation. Joindre aussi les Articles of Incorporation / Certificate of Formation (acte constitutif, sans péremption). | Secretary of State de l'État d'immatriculation (ex. Delaware Division of Corporations, California Secretary of State) | 3 months Required | Official website |
| EIN Confirmation Letter (CP 575) ou EIN Verification Letter (Letter 147C)Employer Identification Number confirmation / verification letter Le CP 575 n'est émis qu'une fois, à l'attribution de l'EIN ; en cas de perte, l'IRS délivre la lettre 147C. Il n'existe pas de TVA fédérale : la sales tax est propre à chaque État. | Internal Revenue Service (IRS) | No expiry Required | Official website |
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