To: University Community
From: Samuel Solomon
Date: May 3, 2021     
Re: Remote Employment

As the University continues its planning for the Fall 2021, it is important for our faculty, staff and managers to be aware of the limitations and regulations regarding remote work.  Critical to the process are the governmental regulations on where that remote work may be conducted from.
Brandeis is only registered to do business in the United States.  Hiring employees who currently reside (are domiciled) within a country’s borders is considered doing business in that country. This means that we are not registered to have employees who reside outside of the United States and working for Brandeis.  As such, Brandeis has always taken the position that we do not hire or retain employees who work in another country.

From the start of the pandemic, and the dispersal of students and staff from campus, anyone who was already set up to work as an employee (having an active I-9 on file and a US bank account) has been considered to be in the country. However, as of January 1, 2021, due to increased scrutiny in this area, the University began paying closer attention to the domicile location of faculty, staff and students working remotely. 

Individuals who do not meet the criteria of residing in the US are not eligible to be a paid Brandeis employee and paid through our payroll. This includes student employees and students who receive stipends that are contingent upon performance of service, such as teaching and research.  

If you are approved for and agree to work remotely for Brandeis, you are indicating that you meet the criteria for being paid as an employee who is domiciled in the US.

Individuals who are paid on federal research money may be required to attest that they are in the United States, as the Federal government is explicit in this requirement.  Failure of the University to comply with this requirement could lead to the loss of federal research dollars.

If it is determined that, based upon the above criteria, that an individual is not eligible to be employed by Brandeis, then the individual’s employment must be terminated within one month of notification to the individual. The supervisor of the employee must take the necessary steps to comply.

The only current exceptions to the domicile requirement are in the following circumstances:  

  1. The employment agreement in and of itself requires the employee to be based outside of the United States for the work in question.
  2. Temporary residence abroad that is required for scholarly work. This includes specific research that must be done outside of the United States such as archaeological or anthropological studies.
  3. Short term international stays of less than one month in duration, often as an accompaniment to vacation.

If the university wishes to engage the services of someone who does not reside in the United States, that person would have to be hired as an independent contractor. This requires the execution of an independent consultant agreement (  The individual will then be paid through Accounts Payable, not payroll, and will be responsible for all of their tax compliance withholding and declaration. 

Individuals paid through Accounts Payable will be required to invoice the university and will be paid no more than once per month.  Independent contractors working solely outside the United States will not be issued a Form 1099 or any equivalent tax forms, and are responsible for their own tax reporting obligations. Please remember that anyone working as an independent contractor is not eligible for any Brandeis University benefits.

Thank you for your understanding and cooperation. Please contact Cherie Sadeli at: if you have any questions or need clarification.