I wonder what is the best structure for a US based company to have employees living in an EU country, such as Germany or Italy?
I mean, I assume they don't necessarily need a visa, and they can come to the US for limited time periods under the ESTA.
What is the best way to give them a salary and/or other common benefits? (health insurance shouldn't be needed, but 401.k or equivalent in their country would probably be a good perk).
That's more of a payroll/tax question but from an immigration perspective there's no issue - no immigration requirement - with putting people on the payroll of a US company if they are living/working outside. They can be employees without US work authorization. The challenge is when they need to come to the US because once they step on US soil, US immigration law applies so it's problematic for them to enter as a visitor under ESTA.
If I understand correctly, there might be an issue because they come to the US and they are working for (and receiving a salary from) a US company -- no matter if the money are paid abroad. Which violates the ESTA condition. Is that what you meant?
To the contrary, if they were working for a EU company (sister of the US company), then they could come to the US under ESTA/working, correct?
I wonder what is the best structure for a US based company to have employees living in an EU country, such as Germany or Italy?
I mean, I assume they don't necessarily need a visa, and they can come to the US for limited time periods under the ESTA.
What is the best way to give them a salary and/or other common benefits? (health insurance shouldn't be needed, but 401.k or equivalent in their country would probably be a good perk).