As a foreigner, you will need some sort of work visa to work for the company as an "Employee". As an "employee", you should get all the standard benefits (insurance, 401k, vacations etc). I had a similar case, I don't have a work visa to work for US-based companies but because of my "expertise", I still got a position. But wait a minute, Technically I am still not their employee nor do I get any employee benefits. I get monthly compensation full stop. My legal role is of a "contractor". Also, keep in mind when you sign up for such roles you will have to fill up the w8ben form & since you are from India, your income will be slashed by 15% (look up tax treaties b/w your country & USA). In my case, it get slashed by 30%, which I came to know once I signed the contract. Hope this helps.