American Living in Fortaleza, Brazil
American Living in Fortaleza, Brazil

Remote Work: Will Your Boss Allow It?


Date posted: Nov, 21, 2022

Key Takeaways:

Nomad Visas: sometimes international remote work presents LESS legal risk than interstate.

Some states will view your company as being subject to state laws if they have an employee there.

Most states do NOT try to enforce laws against transitory, temporary workers in the jurisdiction.

Some companies only allow remote work from CERTAIN states but not others.

Rules regarding the physical storage location of data can restrict international remote work.

A digital nomad visa essentially says: look we agree that this employee is not going to be subject to our tax and other regulatory laws. And thus the country would be preempted from making the claim that a company has a physical presence in the company that could potentially subject them to the labor, tax and other laws of the country. In this sense, many countries are making themselves more attractive than STATES WITHIN THE US to have a worker in.

California can start to tax a company that has full-time employees situated in the state. A full-time remote worker in Georgia could sue an Idaho company using the local Georgia employment laws. Do you get the picture? As a remote worker you could potentially create a large number of administrative and potential legal burdens. Again, this could bode very well for those who want to use digital nomad visas. They likelihood of a foreign jurisdiction pursuing a company situated in the United States WHILE at the same time the employee is on a digital nomad visa is next to zero. That is one of the main purposes of the visa, perhaps the main purpose: make companies see the light in allowing their high-wage earning employees (who spend a lot and don't use use many public services) to live in their country without scaring off the employer. Win win all around. Except of course for states like California who are taxing and regulating themselves into poverty.

Rob in Fortaleza Expat Blog Aldeota Neighborhood Fortaleza, Brazil 60140