Define the real working relationship first
Document where the person will work, duties, customer and pricing authority, reporting line, control over schedule and methods, tools, expenses, exclusivity, expected duration, compensation and connection to the foreign company.
The legal and tax analysis follows those facts. A contract label by itself does not determine whether someone is an employee or an independent contractor.
Option 1: direct employment through a U.S. subsidiary
A U.S. entity can employ the person directly and provides a durable platform for contracts, payroll, benefits, banking, imports, inventory and future hires. It also creates governance, tax, accounting, insurance, registration and compliance obligations.
This model can fit a long-term strategic commitment, multiple employees, meaningful local authority or operating activities that justify a permanent platform.
Option 2: employer of record
An EOR can serve as the legal employer and administer payroll, benefits and employment processes under its service agreement while the client directs agreed business priorities within appropriate limits.
An EOR can improve speed, but it does not automatically eliminate permanent-establishment, agency, co-employment, immigration, data, intellectual-property, tax or employment-law issues. Provider capability, contract allocation and the real working relationship require qualified review.
Option 3: independent contractor
A contractor arrangement can fit a genuinely independent business providing defined services, controlling how the work is performed, serving multiple clients and bearing entrepreneurial risk.
It is a poor shortcut for a full-time salesperson who works under company direction, uses company systems, represents the company continuously and is economically dependent on one client. The IRS and other authorities examine the facts and degree of control.
Option 4: fractional executive or specialist agency
A business-to-business engagement with an established executive consultancy, representative or specialist agency can provide a defined market-entry mandate, senior judgment and flexible coverage. Scope, authority, deliverables, confidentiality, intellectual property, conflicts and termination should be clear.
This model can precede a direct hire, lead distributors, validate demand or manage the first commercial employee.
Compare the models against one decision set
Evaluate speed, market commitment, control, customer authority, expected duration, headcount plan, compensation, benefits, tax exposure, employment risk, intellectual property, data, immigration, cost, exit complexity and the need for a local contracting or importing entity.
- What must the person be authorized to do with customers?
- Will the role be supervised as part of the internal organization?
- How long is the commitment and how many hires may follow?
- Does the company need local contracts, inventory or banking?
- Which qualified advisors must approve the structure?
Build the commercial role and the lawful structure together
Do not let the employment vehicle define a weak role. Build the market coverage, target accounts, technical requirements, compensation logic, decision rights, onboarding and performance cadence at the same time as the legal and tax workstream.
Henneke Holdings can lead the business design and coordinate providers. Qualified employment, tax and immigration advisors must determine country-specific treatment.