H-1B with a startup company

[Mr.]

Hello Experts,

I got an offer with a startup company whose size is fairly around 200. It is an American owned company providing services to healthcare providers within the country. I would like to know if it's advisable to file H-1B through a startup company like this.

Also, how do I verify the credibility of a startup company in general, in legal terms?

 

Thanks!

[JoeF]

If they have 200 people, they are already fairly big for a startup. What USCIS looks for is the ability of the company to pay the salary of the H1 employees. For startups, they usually look for a business plan and venture capital, and with that size, the company probably has had more than one round of VC funding, and has real, paying customers.

[LeaveMessageH1B]

-first thing $$, If they are able to offer you market rate salary that means they have money

-check with their attorney or legal team (if they have) if they can really bring someone with H1 onboard.

-Also you can check their business licenses online on state dept website to validate that they are what they claim to be.  imo company with 200 ppl is not a startup. 

[Mr.]

13 hours ago, JoeF said:

If they have 200 people, they are already fairly big for a startup. What USCIS looks for is the ability of the company to pay the salary of the H1 employees. For startups, they usually look for a business plan and venture capital, and with that size, the company probably has had more than one round of VC funding, and has real, paying customers.

Thanks @JoeF. This is a consulting opportunity with this company and I would like to apply for my H-1B extension with this client. The only way I could know about this company was through Glassdoor and the reviews are very good. Of course, I cannot just rely on these reviews, but they are paying a decent market salary to my employer/me based on my qualifications. So, I would like to know if there needs to be something else to be considered before accepting this offer.

[Mr.]

12 hours ago, Leavemessageh1b said:

-first thing $$, If they are able to offer you market rate salary that means they have money

-check with their attorney or legal team (if they have) if they can really bring someone with H1 onboard.

-Also you can check their business licenses online on state dept website to validate that they are what they claim to be.  imo company with 200 ppl is not a startup. 

Thanks @Leavemessageh1b.

-This is a consulting opportunity with this company. So, they are making a decent pay to my employer based on my qualifications which aligns with the market rate. 

-Since, this is not a big company, I don't think they have a legal team that dealt with H-1Bs in the past. Again this is a consulting opportunity with this client. So, I don't know if I can approach their legal team.

-How do I check/know their business licenses online on the State Dept Website?

PS: This company has been awarded the fastest growing company award quite a few times in the last decade in the State it was established. I don't know if that makes it legit in anyway. 

[JoeF]

2 hours ago, Mr. said:

Thanks @JoeF. This is a consulting opportunity with this company

Your original post made it sound like employment with this company, not consulting. You asked if it is "advisable to file H-1B through a startup". That's also what the subject line implied. That's what I answered.

If you are employed with a consulting company, that would not even enter the picture. Your H1 is with the consulting company. Your employer is the one who pays you. Contracts with a client are none of your business. Neither is what the client pays your employer. Your salary is listed on the LCA with your employer. And of course, there is no percentage pay on H1.