Employment of Noncitizens Outside the U.S. Policy

Basis for Policy

Research Foundation (RF) operating locations sometimes hire noncitizens to perform work outside the United States (U.S.). When this is the case, general Internal Revenue Service rules regarding employees and independent contractors do not apply and the individual is not protected by many federal employment laws, including the U.S. Equal Employment Opportunity laws (Title VII). In addition, because the employment rules differ from country to country, are often complex, and are subject to change without notice, it is difficult to ensure that an employee relationship meets the requirements of each country.

Policy

Noncitizens working on projects outside the U.S. should be hired through a third party employer or as independent contractors. Operating locations can engage the person without formally classifying the worker (refer to Engaging Independent Contractors for more information).

There should be no employment relationship between the noncitizen and the Research Foundation.

Payments should be processed through the accounts payable system.

The project may provide the individual with benefits when it is appropriate to the working relationship and consistent with sponsor guidelines.

Additional Information

For more information on payments to noncitizens outside the U.S., see the following documents in the Accounts Payable and Purchasing business areas:

Responsibilities

Operating Locations

The Research Foundation operations manager is responsible for ensuring that

Central Office

The Vice President of the Office of Human Resources is responsible for

Change History

 

 

Feedback
Was this document clear and easy to follow? Please send your feedback to webfeedback@rfsuny.org.

Copyright © 2012 The Research Foundation for The State University of New York