Do US Territories qualify for US Only jobs?

[kevinrobles]

Title is pretty self-explanatory. Do US Territories qualify for US Only jobs, such as Puerto Rico?

[petra_r]

---

undefined:

Title is pretty self-explanatory. Do US Territories qualify for US Only jobs, such as Puerto Rico?

---

No, they do not.

[wendy_writes]

Petra, serious question  > why in heaven's name not????

English is a core language -  if not the native one.

[mwiggenhorn]

I can understand this for far-away territories but Puerto Rico?  Same time zone, same core language, etc.

[petra_r]

---

Wendy C wrote:

Petra, serious question  > why in heaven's name not????

English is a core language -  if not the native one.

---

English is also the core and native language of the UK, Australia, New Zealand, Canada and all sorts. People in Canada don't qualify for US only jobs either...

It's not about language. It's about location.

I also don't make the rules, I just answered a question 😉

[amymortensen]

I would disagree with Petra.  Puerto Rico is a part of the United States, and residents are American citizens and have been since the Jones-Shafroth Act of 1917. It is almost like saying Alaska is not a part of the United States because it is far away, or Hawaii.  When there is a natural disaster there, the federal government is responsible. The island receives federal funding for many programs.  Way to further disenfranchise Puerto Ricans.

[wendy_writes]

Amy, without verging into a 'banned' political discussion ... I agree. 

The same goes for Guam and American Samoa.  Sure, in some cases time zones become relevant but there is an option to designate preferred time zones.

This is nonsensical.  Perhaps a mod could /should explain.  Petra shouldn't have to carry the full load ... esp. on weekends. 

[petra_r]

---

Amy wrote:

I would disagree with Petra.  

---

I didn't make that rule, so disagreeing with me (rather than Upwork) for sharing a fact is a little unfair.

I didn't say I AGREE with the way it is, (I don't) I merely shared the fact that it is the way it is. 

---

Amy M wrote:

Way to further disenfranchise Puerto Ricans.

---

See above.

I didn't MAKE the rules, I merely remember them and answered a question.  Upwork does not and never had included Puerto Rico as eligible for US only jobs and has always excluded freelancers located in Puerto Rico from them. 

Is that ridiculously unfair? The whole "US ONLY" thing is.

But again: It wasn't my idea and I didn't create that rule. Talk of shooting the messenger...

Amy wrote:  When there is a natural disaster there, the federal government is responsible.

---

Barely... Ask the people of Puerto Rico just how let down they felt after the last major hurricane...

Edited to add: Here is a blog post that contains the answer a US citizen was given by Upwork as to why he can't access US-only jobs while living in Puerto Rico ... Make of it what you will...

[wendy_writes]

EEEK ....

[a_lipsey]

Yes, seems unfair to me too. 

[amymortensen]

Sorry to single you out Petra but I assumed that Upwork couldn't legally exclude Puerto Rico as US citizens and that it was a historical or geographical mistake. It is entirely unfair and probably against labor laws in the USA which at the same time they seem to play. And I agree that the whole some jobs being USA-only thing is unfair and a strange thing to do in this environment. If the jobs are USA only then they should probably be reporting them to the IRS with 1099s and yet they get around that part too.  You can't pick and chose what suits you without it being discriminatory in my opinion. 

[tlsanders]

---

Amy M wrote:

Sorry to single you out Petra but I assumed that Upwork couldn't legally exclude Puerto Rico as US citizens and that it was a historical or geographical mistake. It is entirely unfair and probably against labor laws in the USA which at the same time they seem to play. And I agree that the whole some jobs being USA-only thing is unfair and a strange thing to do in this environment. If the jobs are USA only then they should probably be reporting them to the IRS with 1099s and yet they get around that part too.  You can't pick and chose what suits you without it being discriminatory in my opinion. 

---

Amy, "labor laws in the USA" don't in any way apply to independent contractors, whether they're working through Upwork or directly.

And, they're not "getting around" 1099s--they're issuing 1099s under the circumstances the law requires. For a third-party platform like Upwork, that means if you earn more than $20,000 AND have more than 200 transactions in a year. 

[amymortensen]

Okay, agreed Tiffiny but it still seems like cherry-picking what suits Upwork the most and that US-only jobs are entirely their own imposition. And then to exclude US protectorates or territories from that is even more arbitrary and unfair. It's also unfair to make US-only jobs and then treat them as if they are global -- so they restrict many of the best and highest-paying jobs to USA only but any USA state or national laws don't apply to those who are hired to the US-only jobs on Upwork. As a US citizen (living anywhere in the world I might add), if I work for anyone else as a freelancer in the USA I get a 1099 unless I made less than 600 dollars. So it is like Upwork gets the advantage of treating most freelancers from the USA as global freelancers they don't owe 1099 reporting to except in the extreme that I make more than 20,000 dollars in one year in more than 200 transactions, but then restricts the best paying jobs to US citizens in mainland USA, excluding everyone else. Sorry to use a cliched idiomatic expression but it is having your cake and eating it too and I don't think it is very fair or global of Upwork all around.   But as a US citizen, I have an unfair advantage here I know. Their logic for excluding Puerto Rico and the other protectorates from the USA-only jobs, however, seems even more egregious and outright discriminatory.  

[tlsanders]

---

Amy M wrote:

Okay, agreed Tiffiny but it still seems like cherry-picking what suits Upwork the most and that US-only jobs are entirely their own imposition. And then to exclude US protectorates or territories from that is even more arbitrary and unfair. It's also unfair to make US-only jobs and then treat them as if they are global -- so they restrict many of the best and highest-paying jobs to USA only

Well, no. Upwork doesn't restrict jobs to US freelancers. It offers clients the option of placing that restriction. I do agree that it creates an unfair advantage, but isn't it better to let clients who are not open to hiring someone from outside the country place that restriction before the freelancer wastes connects bidding on a job they won't be considered for? 

but any USA state or national laws don't apply to those who are hired to the US-only jobs on Upwork.

Of course, as a publicly-traded company in the United States, Upwork is bound by U.S. law, and the laws of the state in which it operates. It is not bound by LABOR LAW with regard to freelancers because freelancers are not employees. The vast majority of US and state-specific labor laws do not apply to independent contractors. 

As a US citizen (living anywhere in the world I might add), if I work for anyone else as a freelancer in the USA I get a 1099 unless I made less than 600 dollars.

And if you worked for Upwork, they would have to issue you a 1099 under those same circumstances. But, Upwork is not your client.

So it is like Upwork gets the advantage of treating most freelancers from the USA as global freelancers they don't owe 1099 reporting to except in the extreme that I make more than 20,000 dollars in one year in more than 200 transactions,

This global thing has exactly nothing to do with the difference in 1099 regulations. Upwork isn't subject to the same rules as companies that pay for your services because Upwork doesn't pay for your services. Upwork is classified as a Third Party Settlement Organization because they are not paying you--they are a third party holding the clients money in escrow for you and then passing it along. They are subject to the same rules as PayPal and other companies that pass other people's money back and forth. 

---

[amymortensen]

Okay Tiffiny I know from following the community discussions that you have a legal background and I won't win against you, but regarding this:  The vast majority of US and state-specific labor laws do not apply to independent contractors.

And yet I still pay taxes as an independent contractor. More than most at my level of earnings as a US citizen. 

[tlsanders]

---

Amy M wrote:

Okay Tiffiny I know from following the community discussions that you have a legal background and I won't win against you, but regarding this:  The vast majority of US and state-specific labor laws do not apply to independent contractors.

And yet I still pay taxes as an independent contractor. More than most at my level of earnings as a US citizen. 

---

It's not really a matter of "winning," Amy. The law says what it says. There is an objective truth here.

I'm unsure what taxes have to do with anything. You pay the taxes appropriate to your classification--a classification that takes you outside the explicitly-described groups protected by most US and US state labor laws. 

[VladimirG]

Hi Kevin and others,

I apologize for a late follow up to the question you raised in this thread. For now, we are not yet offering location verification in Puerto Rico and to other U.S. territory where freelancers are located in lieu of their U.S job post application as we are gradually rolling this process (location verification) to other countries globally (also on U.S. territories).

[975b4795]

Hello everyone,

I am a web developer and I made an account to do some freelance work on the side. The problem is I'm from the Northern Mariana Islands on the island of Saipan which is a U.S. territory right next to Guam and similar to Puerto Rico. I am a U.S. citizen and I was born and raised in Florida but UpWork still considers me as international and I am not able to accept any U.S. jobs. I can't find any information on their website about restrictions for U.S. territories and if any other people have had a similar problem to me and were able to solve the issue. Both the Northern Mariana Islands and Guam are fully and legally considered as part of the U.S. and we file the same tax inforamtion as everyone else in the mainland states. Thank you so much for all of your help and support to solve this issue.

[prestonhunter]

U.S.-only jobs are not available to all U.S. citizens or all people who live in territories that are under U.S. jurisdiction.

As currently configured by Upwork, these jobs are available to people who live in the fifty states and the District of Columbia.

[VladimirG]

Hi Noah,

Thanks for your question. At the moment, we are not yet offering location verification in Northern Mariana Islands and to other U.S. territories but we do plan to continue gradually rolling out this process to other countries globally, including to U.S. territories.

We appreciate your patience and understanding.

[168f848e]

Hi Vladimir, 

Can you please provide us an update on this matter? Can the freelancers in Puerto Rico access US only jobs, now in 2022?

If you can update about other US territories would be great too.    

Does Upwork report earnings to the local Puerto Rico tax authority (Departamento de Hacienda)? Or just report to the IRS, with a 1099 form, like for the rest of the US freelancers?   

These are two questions of great interest to the local freelancing community, particularly to the new wave of digital nomads that the island is receiving from the continent. 

Thank you! 

[88f352ee]

Hello! I am having trouble submitting proposals since I live in Puerto Rico and it won't recognize that PR is a part of the United States. I cannot apply for any jobs unless this is modified. I am Puertorrican and a US Citizen.

[kochubei_valeria]

Hi Alexa,

Thanks for your question. At the moment, we are not offering verification and access to US-only feed to users in Puerto Rico and in other U.S. territories. However, our product team is planning some improvements in this area. I don't have the information about timing yet, but we'll make sure to notify the Community about any changes. 

[168f848e]

Hi Valeria, 

Hopefully Upwork can amend this "US-only" issue as soon as possible! This is impacting real US people who just happen to live in a US territory. This is a matter of equality. Thanks for your answer. 

[paywell]

I suppose "US only" marked jobs are posted by clients, who use the US infrastructure. 

For example: to double-check your profile information or to sign a legally binding NDA with you (and have the possibility to follow through with it).

If Puerto Rico or any other US Territories use the same state infrastructure as the US - then you should be able to apply.

That being said, if the Client requires Freelancers with cultural knowledge, mentality or speaking one of the US accents - then you should be able to apply from any country.