Getting Work as a Nonresident Alien

1. Introduction

The human resources field treats “employees” like cattle who are given few options for how to structure their relationship with the company. Consequently, the optimum arrangement is to:

  1. Be a contractor
  2. Use a W-8 for withholding.
  3. Specify that the relationship with the business is as a private entity and not a statutory “employer”. This avoids “backup withholding” found in 26 U.S.C. §3406.

If you are unfortunate enough that you are forced to deal with companies offering work as “government cattle” called an “employee”, your life will be a lot more complicated and administratively burdensome in dealing with the IRS and state tax authorities.

The following free exhaustive document covers the subject of this article in excruciating detail. Reinventing and reproducing its contents on this site is beyond the scope of this website:

Federal and State Withholding Options for Private Employers, Form #09.001
https://sedm.org/Forms/09-Procs/FedStateWHOptions.pdf

2. Withholding documents for finding work

The following withholding document can be used by those who are asked by companies for withholding paperwork if you wish to respond WITHOUT providing a W-4:

W-8SUB, Form #04.231
https://sedm.org/Forms/04-Tax/2-Withholding/W-8SUB.pdf

3. I-9 Forms

The I-9 form is sometimes asked for by employers. It is unnecessary for those born in this country and is only used for aliens as a foreign affairs function within constitutional states or CITIZENS working within exclusive federal jurisdiction on federal territory.

If you are applying for a job within a constitutional state, a birth certificate should be sufficient as proof you are not an alien and therefore do not need government permission to work.

Below is a SUBSTITUTE I-9 if the company you are applying with DEMANDS an I-9 and will not accept a birth certificate:

I-9 Form Amended, Form #06.028
https://sedm.org/Forms/06-AvoidingFranch/i-9Amended.pdf

4. Completing tax returns for those FORCED to be “employees” who don’t want to be

Filing tax returns of those who want to the nonresident aliens but are FORCED to submit a W-4 against their will or not be hired or fired is a LOT more complicated. Below is a summary of the approach:

  1. The following procedures are use:
    1.1. How to File Returns, Form #09.074** (Member Subscriptions)
    https://sedm.org/product/filing-returns-form-09-074/
    1.2. Procedure to File Returns, Form #09.075** (Member Subscriptions)
    https://sedm.org/product/procedure-to-file-tax-returns-form-09-075/
  2. The following attachment is used:
    1040NR Attachment, Form #09.077
    https://sedm.org/Forms/09-Procs/1040NR-Attachment.pdf
  3. In addition to the typical 1040NR return, the following additional forms must be submitted:
    3.1. IRS Form 843: Claim for Refund and Request for Abatement
    3.2. SSA Form 7008: Requests for Correction of Earnings Record