COUNTRY MIGRATION GUIDE

Employment migration in the United States

Build the US plan by employee state and by the actual relationship: direct employment, an EOR arrangement or PEO co-employment. Federal tax certification and state obligations are separate.

Planning guidance, not a case-specific legal opinion.

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THE SHORT ANSWER

Plan by employee state and by the actual employment arrangement, including the responsibilities retained by the client. Check state permissions and payroll requirements separately from any federal CPEO certification, then align benefits, tax reporting and work authorisation.

01

Confirm the employment model and state permissions

Identify which duties remain with the client and which sit with the provider. Check PEO licensing in each relevant state; Texas, for example, regulates co-employment and requires a licence where a provider has covered employees there.

02

Verify the CPEO entity and federal tax handover

If CPEO status is claimed, verify the exact legal name and EIN against the IRS listing. Confirm Form 8973 reporting for the start and end of the service contract and who is responsible for each tax period. CPEO treatment has conditions and exceptions.

03

Map service credit, health coverage and retirement benefits

Record how the proposed arrangement treats prior service and vesting. Compare coverage end and start dates, premiums, provider networks and waiting periods; assess continuation coverage where applicable. Do not assume a change of platform preserves every benefit.

04

Assess contractor status under each relevant test

Federal tax status depends on control and independence, not the agreement's label. Also check applicable wage-law and state tests; California's guidance illustrates that ABC-test rules and exemptions can differ from the federal tax analysis.

05

Build the payroll schedule by state

Check the employee's work location, state payroll requirements and pay frequency before aligning cutover. Use the relevant state labour office for current details rather than assuming one national payroll calendar applies.

06

Review work authorisation by visa category

Identify the petitioning employer and whether new or amended filings are needed. Some H-1B workers may use portability after a properly filed petition, but that does not establish eligibility for every worker or every new provider. Check the authorised work and start date for the individual case.

Where PEO fits

PEO is a co-employment model in relevant state frameworks. CPEO is a specific IRS certification for federal employment-tax treatment; it is not a general compliance guarantee.

Common questions

Does CPEO certification establish compliance in every US state?

No. CPEO is an IRS certification with a specific federal employment-tax scope and conditions. Verify the exact certified entity and check applicable state licensing and responsibilities separately.

Can every US employee use the same migration payroll schedule?

Do not assume one national payroll calendar applies. Check each employee’s work location, relevant state requirements and pay frequency before aligning the final and first payrolls.

Does a contractor agreement settle US worker classification?

No. Federal tax status depends on the actual control and independence in the relationship. Applicable wage-law and state tests also need assessment; California’s ABC-test rules and exemptions illustrate why the federal tax analysis is not the only check.

Turn these checks into a plan

Record an owner, required evidence and readiness date for each issue. Confirm the rules for the actual employing relationship and work location before promising a cutover.

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YOUR NEXT STEP

Get the questions right.
Then make your move.

Build a country-by-country roadmap, without sharing your contact details.

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