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Can US stock options be attributed to remote foreign workers?

Under what legal conditions (if any) can US startups issue stock options / RSUs to remote foreign workers? What are the limitations that may exist?

This other question has an answer that mentions C-Corps, but it’s not particularly specific.

Answer 1667

With the typical fistful of IANAL pepper: no limitations.

A stock-option or other is a security, no more, no less. If you can trade a US security in your employee’s country on a regulated exchange, you can allocate them to employees.

An exception might be embargoed States such as Cuba or Iran, presumably; but you’re not allowed to employ offshore workers over there anyway.


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