What does it mean when a job post says “Based in the U.S.”? [closed]

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I'm an American expat living abroad in Lima, Peru looking for remote work in the software development industry. In many advertisements for remote work at U.S. companies I've seen the requirement:



must be based in the US



What exactly is meant by this? Am I actually required to be in the United States for the entirety of the time I work for them? What if I'm in the U.S. for 9 months of the year but in Peru the other three, or vice versa? More generally, is the concern here that they don't want to deal with paperwork for hiring foreigners (I'm not a foreigner) or time zone (in Lima I'm on U.S. standard time). If not, why would they actually care where I was based out of as long as I'm remote?







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closed as off-topic by Jim G., Garrison Neely, jcmeloni, Michael Grubey, Elysian Fields♦ Jul 17 '14 at 20:03


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Garrison Neely, jcmeloni, Michael Grubey, Elysian Fields
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 3




    This is a point you should be making with them not with us. Try to make your point with them without sounding argumentative - let your point be your argument :)
    – Vietnhi Phuvan
    Jul 13 '14 at 3:05
















up vote
2
down vote

favorite












I'm an American expat living abroad in Lima, Peru looking for remote work in the software development industry. In many advertisements for remote work at U.S. companies I've seen the requirement:



must be based in the US



What exactly is meant by this? Am I actually required to be in the United States for the entirety of the time I work for them? What if I'm in the U.S. for 9 months of the year but in Peru the other three, or vice versa? More generally, is the concern here that they don't want to deal with paperwork for hiring foreigners (I'm not a foreigner) or time zone (in Lima I'm on U.S. standard time). If not, why would they actually care where I was based out of as long as I'm remote?







share|improve this question












closed as off-topic by Jim G., Garrison Neely, jcmeloni, Michael Grubey, Elysian Fields♦ Jul 17 '14 at 20:03


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Garrison Neely, jcmeloni, Michael Grubey, Elysian Fields
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 3




    This is a point you should be making with them not with us. Try to make your point with them without sounding argumentative - let your point be your argument :)
    – Vietnhi Phuvan
    Jul 13 '14 at 3:05












up vote
2
down vote

favorite









up vote
2
down vote

favorite











I'm an American expat living abroad in Lima, Peru looking for remote work in the software development industry. In many advertisements for remote work at U.S. companies I've seen the requirement:



must be based in the US



What exactly is meant by this? Am I actually required to be in the United States for the entirety of the time I work for them? What if I'm in the U.S. for 9 months of the year but in Peru the other three, or vice versa? More generally, is the concern here that they don't want to deal with paperwork for hiring foreigners (I'm not a foreigner) or time zone (in Lima I'm on U.S. standard time). If not, why would they actually care where I was based out of as long as I'm remote?







share|improve this question












I'm an American expat living abroad in Lima, Peru looking for remote work in the software development industry. In many advertisements for remote work at U.S. companies I've seen the requirement:



must be based in the US



What exactly is meant by this? Am I actually required to be in the United States for the entirety of the time I work for them? What if I'm in the U.S. for 9 months of the year but in Peru the other three, or vice versa? More generally, is the concern here that they don't want to deal with paperwork for hiring foreigners (I'm not a foreigner) or time zone (in Lima I'm on U.S. standard time). If not, why would they actually care where I was based out of as long as I'm remote?









share|improve this question











share|improve this question




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asked Jul 13 '14 at 2:02









Stephen Mariano Cabrera

142




142




closed as off-topic by Jim G., Garrison Neely, jcmeloni, Michael Grubey, Elysian Fields♦ Jul 17 '14 at 20:03


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Garrison Neely, jcmeloni, Michael Grubey, Elysian Fields
If this question can be reworded to fit the rules in the help center, please edit the question.




closed as off-topic by Jim G., Garrison Neely, jcmeloni, Michael Grubey, Elysian Fields♦ Jul 17 '14 at 20:03


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Garrison Neely, jcmeloni, Michael Grubey, Elysian Fields
If this question can be reworded to fit the rules in the help center, please edit the question.







  • 3




    This is a point you should be making with them not with us. Try to make your point with them without sounding argumentative - let your point be your argument :)
    – Vietnhi Phuvan
    Jul 13 '14 at 3:05












  • 3




    This is a point you should be making with them not with us. Try to make your point with them without sounding argumentative - let your point be your argument :)
    – Vietnhi Phuvan
    Jul 13 '14 at 3:05







3




3




This is a point you should be making with them not with us. Try to make your point with them without sounding argumentative - let your point be your argument :)
– Vietnhi Phuvan
Jul 13 '14 at 3:05




This is a point you should be making with them not with us. Try to make your point with them without sounding argumentative - let your point be your argument :)
– Vietnhi Phuvan
Jul 13 '14 at 3:05










3 Answers
3






active

oldest

votes

















up vote
2
down vote













Working with employees abroad, even citizens, brings a whole load of accounting and regulatory issues that most companies just don't want to deal with.



There can also be issues with data moving overseas, particularly if the company is a contractor to another company.



For whatever reason, the management at these companies has decided to limit their pool. If you explain your situation, you may get some traction, particularly if you can gather some documentation about the laws in Peru on foreign citizens working there. My guess is that Peru has some taxes they'd like to collect on that, but you need to do the research. Perhaps you should consult an attorney in Peru. I would be surprised if this isn't something that comes up often.






share|improve this answer



























    up vote
    2
    down vote













    If a US company pays a foreign individual, the taxes get complicated. In specific, the company has to deal with a withholding tax domestically, and may have issues dealing with taxation issues (up to and including setting up a local entity to actually hire the foreign person depending). These are a huge hassle.



    If on the other hand, you are 'based in the US', then they can send you your pay to a US account, not worry about withholding or about your tax status in the country you're living in, and force you solely to rely on proper reporting to the tax authorities in both the US and (in this case) Peru. They don't have to worry about wiring money abroad, currency rates, or anything else that usually comes along with hiring foreigners.



    Chances are the company are worried about the following three things:



    1. You are already eligible to be hired in the US (you have a valid work visa and/or are a citizen)

    2. You are okay on being paid in US dollars to a US account (you need to have a bank account in the US and the ability to receive payment)

    3. You do not expect to be a salaried employee of the company (or even a contract employee stationed overseas), and will deal with all the details of your tax situation in both the US and abroad

    Naturally, you should confirm with each company individually what exactly the job entails, and what exactly the requirements of 'based in the US' are for them, as they may not be the same as what I listed above.



    From your side, working in this way means that you will likely be technically self-employed in your country of residence, and will have a lot of requirements to do things that employers would normally do for you such as:



    • Healthcare payments

    • Social security (pension) payments

    • Local taxes (in country of residence)

    • US taxes (in the US, if work was done abroad you are eligible for the foreign earned income exclusion most likely)

    After you understand what exactly the company is expecting, and what the employment contract will actually be, check to make sure what sorts of costs will be covered by you and by the company, especially under local law, and be sure to present those to the company when discussing salary. The employer-funded portion of a paycheck in many countries is very significant, and can take 20% or more of your paycheck (especially if the country you live in doesn't have a totalization agreement with the US and you end up paying for payroll taxes in the US in addition to local social security/healthcare requirements).






    share|improve this answer



























      up vote
      1
      down vote













      Some companies may deal in national secrets that if you are outside the US could be a violation of various export/import rules. Thus, if something had to be shipped to you but couldn't leave the physical US, this creates a problem now doesn't it? While you could come pick it up, what if the border doesn't let it outside the country?



      At the same time, another factor here is if you had to show up, how long would it take to get you there? If you are flying from Chicago to New York that is one thing, but Lima to New York could be a bit harder to arrange.






      share|improve this answer



























        3 Answers
        3






        active

        oldest

        votes








        3 Answers
        3






        active

        oldest

        votes









        active

        oldest

        votes






        active

        oldest

        votes








        up vote
        2
        down vote













        Working with employees abroad, even citizens, brings a whole load of accounting and regulatory issues that most companies just don't want to deal with.



        There can also be issues with data moving overseas, particularly if the company is a contractor to another company.



        For whatever reason, the management at these companies has decided to limit their pool. If you explain your situation, you may get some traction, particularly if you can gather some documentation about the laws in Peru on foreign citizens working there. My guess is that Peru has some taxes they'd like to collect on that, but you need to do the research. Perhaps you should consult an attorney in Peru. I would be surprised if this isn't something that comes up often.






        share|improve this answer
























          up vote
          2
          down vote













          Working with employees abroad, even citizens, brings a whole load of accounting and regulatory issues that most companies just don't want to deal with.



          There can also be issues with data moving overseas, particularly if the company is a contractor to another company.



          For whatever reason, the management at these companies has decided to limit their pool. If you explain your situation, you may get some traction, particularly if you can gather some documentation about the laws in Peru on foreign citizens working there. My guess is that Peru has some taxes they'd like to collect on that, but you need to do the research. Perhaps you should consult an attorney in Peru. I would be surprised if this isn't something that comes up often.






          share|improve this answer






















            up vote
            2
            down vote










            up vote
            2
            down vote









            Working with employees abroad, even citizens, brings a whole load of accounting and regulatory issues that most companies just don't want to deal with.



            There can also be issues with data moving overseas, particularly if the company is a contractor to another company.



            For whatever reason, the management at these companies has decided to limit their pool. If you explain your situation, you may get some traction, particularly if you can gather some documentation about the laws in Peru on foreign citizens working there. My guess is that Peru has some taxes they'd like to collect on that, but you need to do the research. Perhaps you should consult an attorney in Peru. I would be surprised if this isn't something that comes up often.






            share|improve this answer












            Working with employees abroad, even citizens, brings a whole load of accounting and regulatory issues that most companies just don't want to deal with.



            There can also be issues with data moving overseas, particularly if the company is a contractor to another company.



            For whatever reason, the management at these companies has decided to limit their pool. If you explain your situation, you may get some traction, particularly if you can gather some documentation about the laws in Peru on foreign citizens working there. My guess is that Peru has some taxes they'd like to collect on that, but you need to do the research. Perhaps you should consult an attorney in Peru. I would be surprised if this isn't something that comes up often.







            share|improve this answer












            share|improve this answer



            share|improve this answer










            answered Jul 13 '14 at 2:12









            Wesley Long

            44.9k15100160




            44.9k15100160






















                up vote
                2
                down vote













                If a US company pays a foreign individual, the taxes get complicated. In specific, the company has to deal with a withholding tax domestically, and may have issues dealing with taxation issues (up to and including setting up a local entity to actually hire the foreign person depending). These are a huge hassle.



                If on the other hand, you are 'based in the US', then they can send you your pay to a US account, not worry about withholding or about your tax status in the country you're living in, and force you solely to rely on proper reporting to the tax authorities in both the US and (in this case) Peru. They don't have to worry about wiring money abroad, currency rates, or anything else that usually comes along with hiring foreigners.



                Chances are the company are worried about the following three things:



                1. You are already eligible to be hired in the US (you have a valid work visa and/or are a citizen)

                2. You are okay on being paid in US dollars to a US account (you need to have a bank account in the US and the ability to receive payment)

                3. You do not expect to be a salaried employee of the company (or even a contract employee stationed overseas), and will deal with all the details of your tax situation in both the US and abroad

                Naturally, you should confirm with each company individually what exactly the job entails, and what exactly the requirements of 'based in the US' are for them, as they may not be the same as what I listed above.



                From your side, working in this way means that you will likely be technically self-employed in your country of residence, and will have a lot of requirements to do things that employers would normally do for you such as:



                • Healthcare payments

                • Social security (pension) payments

                • Local taxes (in country of residence)

                • US taxes (in the US, if work was done abroad you are eligible for the foreign earned income exclusion most likely)

                After you understand what exactly the company is expecting, and what the employment contract will actually be, check to make sure what sorts of costs will be covered by you and by the company, especially under local law, and be sure to present those to the company when discussing salary. The employer-funded portion of a paycheck in many countries is very significant, and can take 20% or more of your paycheck (especially if the country you live in doesn't have a totalization agreement with the US and you end up paying for payroll taxes in the US in addition to local social security/healthcare requirements).






                share|improve this answer
























                  up vote
                  2
                  down vote













                  If a US company pays a foreign individual, the taxes get complicated. In specific, the company has to deal with a withholding tax domestically, and may have issues dealing with taxation issues (up to and including setting up a local entity to actually hire the foreign person depending). These are a huge hassle.



                  If on the other hand, you are 'based in the US', then they can send you your pay to a US account, not worry about withholding or about your tax status in the country you're living in, and force you solely to rely on proper reporting to the tax authorities in both the US and (in this case) Peru. They don't have to worry about wiring money abroad, currency rates, or anything else that usually comes along with hiring foreigners.



                  Chances are the company are worried about the following three things:



                  1. You are already eligible to be hired in the US (you have a valid work visa and/or are a citizen)

                  2. You are okay on being paid in US dollars to a US account (you need to have a bank account in the US and the ability to receive payment)

                  3. You do not expect to be a salaried employee of the company (or even a contract employee stationed overseas), and will deal with all the details of your tax situation in both the US and abroad

                  Naturally, you should confirm with each company individually what exactly the job entails, and what exactly the requirements of 'based in the US' are for them, as they may not be the same as what I listed above.



                  From your side, working in this way means that you will likely be technically self-employed in your country of residence, and will have a lot of requirements to do things that employers would normally do for you such as:



                  • Healthcare payments

                  • Social security (pension) payments

                  • Local taxes (in country of residence)

                  • US taxes (in the US, if work was done abroad you are eligible for the foreign earned income exclusion most likely)

                  After you understand what exactly the company is expecting, and what the employment contract will actually be, check to make sure what sorts of costs will be covered by you and by the company, especially under local law, and be sure to present those to the company when discussing salary. The employer-funded portion of a paycheck in many countries is very significant, and can take 20% or more of your paycheck (especially if the country you live in doesn't have a totalization agreement with the US and you end up paying for payroll taxes in the US in addition to local social security/healthcare requirements).






                  share|improve this answer






















                    up vote
                    2
                    down vote










                    up vote
                    2
                    down vote









                    If a US company pays a foreign individual, the taxes get complicated. In specific, the company has to deal with a withholding tax domestically, and may have issues dealing with taxation issues (up to and including setting up a local entity to actually hire the foreign person depending). These are a huge hassle.



                    If on the other hand, you are 'based in the US', then they can send you your pay to a US account, not worry about withholding or about your tax status in the country you're living in, and force you solely to rely on proper reporting to the tax authorities in both the US and (in this case) Peru. They don't have to worry about wiring money abroad, currency rates, or anything else that usually comes along with hiring foreigners.



                    Chances are the company are worried about the following three things:



                    1. You are already eligible to be hired in the US (you have a valid work visa and/or are a citizen)

                    2. You are okay on being paid in US dollars to a US account (you need to have a bank account in the US and the ability to receive payment)

                    3. You do not expect to be a salaried employee of the company (or even a contract employee stationed overseas), and will deal with all the details of your tax situation in both the US and abroad

                    Naturally, you should confirm with each company individually what exactly the job entails, and what exactly the requirements of 'based in the US' are for them, as they may not be the same as what I listed above.



                    From your side, working in this way means that you will likely be technically self-employed in your country of residence, and will have a lot of requirements to do things that employers would normally do for you such as:



                    • Healthcare payments

                    • Social security (pension) payments

                    • Local taxes (in country of residence)

                    • US taxes (in the US, if work was done abroad you are eligible for the foreign earned income exclusion most likely)

                    After you understand what exactly the company is expecting, and what the employment contract will actually be, check to make sure what sorts of costs will be covered by you and by the company, especially under local law, and be sure to present those to the company when discussing salary. The employer-funded portion of a paycheck in many countries is very significant, and can take 20% or more of your paycheck (especially if the country you live in doesn't have a totalization agreement with the US and you end up paying for payroll taxes in the US in addition to local social security/healthcare requirements).






                    share|improve this answer












                    If a US company pays a foreign individual, the taxes get complicated. In specific, the company has to deal with a withholding tax domestically, and may have issues dealing with taxation issues (up to and including setting up a local entity to actually hire the foreign person depending). These are a huge hassle.



                    If on the other hand, you are 'based in the US', then they can send you your pay to a US account, not worry about withholding or about your tax status in the country you're living in, and force you solely to rely on proper reporting to the tax authorities in both the US and (in this case) Peru. They don't have to worry about wiring money abroad, currency rates, or anything else that usually comes along with hiring foreigners.



                    Chances are the company are worried about the following three things:



                    1. You are already eligible to be hired in the US (you have a valid work visa and/or are a citizen)

                    2. You are okay on being paid in US dollars to a US account (you need to have a bank account in the US and the ability to receive payment)

                    3. You do not expect to be a salaried employee of the company (or even a contract employee stationed overseas), and will deal with all the details of your tax situation in both the US and abroad

                    Naturally, you should confirm with each company individually what exactly the job entails, and what exactly the requirements of 'based in the US' are for them, as they may not be the same as what I listed above.



                    From your side, working in this way means that you will likely be technically self-employed in your country of residence, and will have a lot of requirements to do things that employers would normally do for you such as:



                    • Healthcare payments

                    • Social security (pension) payments

                    • Local taxes (in country of residence)

                    • US taxes (in the US, if work was done abroad you are eligible for the foreign earned income exclusion most likely)

                    After you understand what exactly the company is expecting, and what the employment contract will actually be, check to make sure what sorts of costs will be covered by you and by the company, especially under local law, and be sure to present those to the company when discussing salary. The employer-funded portion of a paycheck in many countries is very significant, and can take 20% or more of your paycheck (especially if the country you live in doesn't have a totalization agreement with the US and you end up paying for payroll taxes in the US in addition to local social security/healthcare requirements).







                    share|improve this answer












                    share|improve this answer



                    share|improve this answer










                    answered Jul 13 '14 at 3:55









                    jmac

                    19.4k763137




                    19.4k763137




















                        up vote
                        1
                        down vote













                        Some companies may deal in national secrets that if you are outside the US could be a violation of various export/import rules. Thus, if something had to be shipped to you but couldn't leave the physical US, this creates a problem now doesn't it? While you could come pick it up, what if the border doesn't let it outside the country?



                        At the same time, another factor here is if you had to show up, how long would it take to get you there? If you are flying from Chicago to New York that is one thing, but Lima to New York could be a bit harder to arrange.






                        share|improve this answer
























                          up vote
                          1
                          down vote













                          Some companies may deal in national secrets that if you are outside the US could be a violation of various export/import rules. Thus, if something had to be shipped to you but couldn't leave the physical US, this creates a problem now doesn't it? While you could come pick it up, what if the border doesn't let it outside the country?



                          At the same time, another factor here is if you had to show up, how long would it take to get you there? If you are flying from Chicago to New York that is one thing, but Lima to New York could be a bit harder to arrange.






                          share|improve this answer






















                            up vote
                            1
                            down vote










                            up vote
                            1
                            down vote









                            Some companies may deal in national secrets that if you are outside the US could be a violation of various export/import rules. Thus, if something had to be shipped to you but couldn't leave the physical US, this creates a problem now doesn't it? While you could come pick it up, what if the border doesn't let it outside the country?



                            At the same time, another factor here is if you had to show up, how long would it take to get you there? If you are flying from Chicago to New York that is one thing, but Lima to New York could be a bit harder to arrange.






                            share|improve this answer












                            Some companies may deal in national secrets that if you are outside the US could be a violation of various export/import rules. Thus, if something had to be shipped to you but couldn't leave the physical US, this creates a problem now doesn't it? While you could come pick it up, what if the border doesn't let it outside the country?



                            At the same time, another factor here is if you had to show up, how long would it take to get you there? If you are flying from Chicago to New York that is one thing, but Lima to New York could be a bit harder to arrange.







                            share|improve this answer












                            share|improve this answer



                            share|improve this answer










                            answered Jul 13 '14 at 2:13









                            JB King

                            15.1k22957




                            15.1k22957












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