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f7a20321
Community Member

Does UpWork Check work authorization in the US for the freelancers?

For hiring employees, we need to check whether the candidate is authorized to work in the US or not. Not sure how this is taken care of by UpWork. What are my obligations as a customer when hiring freelancers on UpWork?

 

8 REPLIES 8
colettelewis
Community Member

Upwork is a global platform and as such, people who do not reside or work in the US are allowed to use the platform to find clients.

 

If you want only US freelancers then you must specify that in your job posts. All US freelancers have to sign a US tax form and Upwork verifies all freelancers, but it does not guarantee the quality of their work, or reliability etc.

 

Freelancers are not employees, any more than clients are employers. This would imply paid vacations, health and pensions etc.

 

Before hiring anyone, it would be a good idea to read Upwork's Terms of Service and the help pages for clients.

 

ETA: https://support.upwork.com/hc/en-us/articles/211063398

What if you want to hire non-US freelancers then?

re: "What if you want to hire non-US freelancers then?"

 

??
I have hired 150 freelancers on Upwork.

The majority of them are non-US freelancers.

 

I don't need to check anybody's "work authorization."

I don't need to do anything different when hiring U.S.-based versus non-U.S. freelancers.

A lot of times I don't even know what country a freelancer lives in when I hire them. I know that information is displayed on a freelancer's profile, but for most jobs, I don't care where the freelancer lives.

mtngigi
Community Member

As Nichola suggests, you can specify US only freelancers (not employees) when you set your job up. Then only US freelancers will be able to apply.

versailles
Community Member


@Vinny S wrote:

For hiring employees, (...)


For hiring employees. Here, you are hiring contractors. Employment regulations doesn't apply.

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"Where darkness shines like dazzling light"   —William Ashbless


@Rene K wrote:
Here, you are hiring contractors. Employment regulations doesn't apply.

 Upwork offers also some employment services/solutions https://www.upwork.com/i/payroll-client/

 

"With Upwork Payroll, the worker becomes an employee of Upwork’s third-party staffing provider."

 

"Does Upwork Payroll screen and qualify workers?

Upwork Payroll does not provide additional vetting. However, a background check may be conducted by the Staffing Provider upon request."

In the US, even W9 contractor are required to have work authozation. This includes either a employer ID # or Social Security #. 

how does upwork get around this? 

prestonhunter
Community Member

re: "Does Upwork check work authorization in the US for the freelancers?"

 

No.

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