Find your employer of record in United States of America

A work visa or permanent resident status is mandatory to work in the USA. Hence, companies that want to hire the foreign best employer of record services expert must file a petition with the United States Department of Homeland Security.

They also can do so with the United States Citizenship and Immigration Services (USCIS). If such a petition is approved, the new employee must get a visa stamp from their United State embassy or consulate. Nevertheless, you do not need to do this if you are a Canadian citizen.

Types of Visas

Foreign employees of an employer of record services firm may apply for the following types of visas in the USA:

• H-1B: For specialized work employees who have a college degree. It can be valid for three years and extended for another three years. Above all, it is connected to the employer. Therefore, every employee’s new employer must repeat the application process.
• H-1B1: For employees with a college degree that come from Chile and Singapore.
• H-2A: It is limited to qualified countries’ citizens to perform temporary or seasonal agriculture work. This visa is valid for one year, with the option of a three years extension.
• H-2B: It is limited to qualified countries’ citizens to perform temporary non-agriculture work. Every global employer of record foreign expert can get one valid for one year, with the option of a three years extension.
• L: Companies can use it to transfer employees to their USA hub from their foreign branch. For example, outsourcing payroll companies can bring foreign employees to the country if their length of employment is one year or more.
• O: Reserved for people with outstanding abilities in arts, science, business, education, or athletics.  

If you seek an employment-based immigrant visa, you can apply for one of the following:

• E-1: Reserved for employees with extraordinary abilities in education, arts, science, athletics, and business.
• E-2: For employees with exceptional abilities or advances degrees.
• E-3: Skilled, unskilled workers and professional can apply for it
• E-4: For specific immigrant groups.
• E-5: Foreign investors in USA companies.

On the other hand, employers can sponsor foreign employees’ applications for permanent resident status. Ergo, they can help them get a “Green Card” if such employees have distinctive skills. As a result, they can live in USA and work for an employer of record USA firm.

In New York, the minimum combined sales tax rate is of 8.52%. However, it changes according to the State.

Termination Process

USA laws do not include paragraphs related to a formal notice period to terminate an individual employment relationship. The only exception to this is when an employment contract or a collective bargaining agreement stipulates it. After all, they state that employment is stipulated as “at will.”

Moreover, the Federal Worker Adjustment and Retraining Notification Act (WARN) allows employees to end their employment relationships without notice or reason.

For executive positions, employment contracts often include just cause termination clauses, which indicate the list of grounds for termination. As any PEO employer of record expert will tell, they are foundations that parties must negotiate before signing their contracts.  

Notice Period

Despite not having an official notice period, most USA employees use a two weeks’ notice as a minimum requirement. However, employers must give 60 days’ notice for mass dismissal cases, as the Worker Adjustment and Retraining Notification Act demands.

On the other hand, several states use specific practices regarding their notice periods. For instance, New York allows employers and employees to terminate the employment relationship without notice. On the contrary, employees in Texas often give advanced notice of resignation to get unused vacation days payments. 

Severance Pay

As with their notice period, no USA law state that employees must pay severance. On the contrary, they only should pay it if they choose to include it in their employment contract. For such cases, several employees provide severance payments linked to their length of employment.

Probation Period

Most companies in the USA set a performance evaluation for new employees during their first 90 days. Nonetheless, it is not established by any law or regulation or international employer of record services rules.

Paid Time Offs

There is no state law in New York that establishes the amount and payment of vacation time. Nonetheless, employers normally offer their employees paid or unpaid vacation leave according to employment law. Besides, it must be clearly stipulated in collective bargaining agreements.

Public Holidays

There are 11 national holidays throughout the year.

Vacation Holidays

There are 0 vacation holidays throughout the year.

Sick Days

According to the Family and Medical Leave Act (FMLA), employers must provide leave for employees that cannot perform their essential functions because of severe health conditions. Regularly, every employer provides up to 12 weeks of job-protected leave without pay per year for medical and family reasons.

However, not every employee can get them. Indeed, employers who know the benefits of outsourcing payroll cannot provide it for their employees if they have less than a year working for them. Moreover, such employees must also work 1,250 hours over the past year.

On the other hand, they are also not eligible for FMLA if they worked at a company location with 50 or more employees within 75 miles. It is something that employer of record payroll services providers emphasize constantly.

Last but not least, New York City and Westchester County have other paid sick leave laws for employers with five employees or more. They establish that if employees have a minimum of 12 months of employment, they can get 1 hour of paid sick leave for every 30 worked hours.