Can startups sponsor H-1B visas? Requirements, costs, and strategies for new companies seeking to hire foreign workers in 2026.
Can startups sponsor H-1B visas? Requirements, costs, and strategies for new companies seeking to hire foreign workers in 2026.
Yes, startups can sponsor H-1B visas. There is no minimum company size, revenue, or age requirement. The startup must demonstrate a legitimate specialty occupation, ability to pay the prevailing wage, and a valid employer-employee relationship. Government fees include $1,055 (I-129) + $600 (Asylum) + $500 (fraud) + $750 (ACWIA for small employers). The September 2025 Presidential Proclamation added a $100,000 fee for new H-1B petitions. Premium processing costs $2,805 ($2,965 after March 1, 2026).
No minimum company size, revenue, or employee count is required to sponsor an H-1B visa.
The startup must demonstrate ability to pay the prevailing wage through tax returns, bank statements, or funding documentation.
A valid employer-employee relationship must exist - USCIS scrutinizes founder/owner petitions more closely.
The September 2025 Presidential Proclamation added a $100,000 fee for new H-1B petitions, significantly impacting startup budgets.
Startups subject to the annual cap must go through the lottery (85,000 slots, approximately 25-30% selection rate).
Alternative visa options include the O-1A (no lottery, no cap) and E-2 (treaty investor).
Small employers (fewer than 25 employees) pay reduced fees: $530 I-129 fee and $300 Asylum Program Fee.
No minimum company size, revenue, or employee count is required to sponsor an H-1B visa.
The startup must demonstrate ability to pay the prevailing wage through tax returns, bank statements, or funding documentation.
A valid employer-employee relationship must exist - USCIS scrutinizes founder/owner petitions more closely.
The September 2025 Presidential Proclamation added a $100,000 fee for new H-1B petitions, significantly impacting startup budgets.
Startups subject to the annual cap must go through the lottery (85,000 slots, approximately 25-30% selection rate).
Alternative visa options include the O-1A (no lottery, no cap) and E-2 (treaty investor).
Small employers (fewer than 25 employees) pay reduced fees: $530 I-129 fee and $300 Asylum Program Fee.
Yes. U.S. startups can sponsor H-1B visas regardless of company size, age, or revenue. USCIS does not impose minimum requirements for these factors. However, the startup must meet all standard H-1B requirements: a legitimate specialty occupation, ability to pay the prevailing wage, and a valid employer-employee relationship.
Startups face additional scrutiny because they often have limited financial history, small teams, and sometimes involve founders who are both petitioner and beneficiary.
Learn more about the H-1B visa
This is the most common challenge. USCIS evaluates through:
Tax returns (for companies with filing history)
Bank statements showing sufficient funds
Venture capital documentation (term sheets, SAFE agreements)
Financial statements (audited or unaudited)
For founder-petitions where the beneficiary owns a majority of the company, USCIS questions whether a valid relationship exists. Solutions include board of directors oversight, investor control provisions, or minority ownership structures.
The position must require at least a bachelor's degree in a specific field. Provide detailed job descriptions with specific technical requirements.
Challenge | Solution |
|---|---|
No revenue history | Provide funding docs, bank statements, investor letters |
Small team (1-5 employees) | Detailed org chart, growth projections, client contracts |
Founder as beneficiary | Document board oversight, investor governance |
Generic job description | Specify technologies, projects, degree requirements |
High total fees | Explore O-1A as alternative (lower fees, no lottery) |
Step 1: Register during the H-1B lottery window ($215). Step 2: If selected, file an LCA with DOL. Step 3: File Form I-129 with financial and operational evidence. Step 4: Respond to any RFEs with detailed documentation. Step 5: Worker begins employment upon approval (October 1 for cap-subject).
Item | Cost (Small Employer) | Cost (Large Employer) |
|---|---|---|
Registration | $215 | $215 |
I-129 filing fee | $530 | $1,055 |
Asylum Program Fee | $300 | $600 |
Anti-fraud fee | $500 | $500 |
ACWIA fee | $750 | $1,500 |
Presidential Proclamation fee | $100,000 | $100,000 |
Premium processing | $2,805 | $2,805 |
Total (with premium + Proclamation) | $105,100 | $106,675 |
Visa | Advantage | Key Requirement |
|---|---|---|
O-1A | No lottery, no cap, lower total fees | Extraordinary ability (3 of 8 criteria) |
E-2 | No lottery, business investment | Treaty country + substantial investment |
L-1A | Intracompany transfer, no cap | 1 year with foreign company |
EB-2 NIW | Green card, self-petition | Advanced degree + national interest |
EB-1A | Green card, self-petition | Extraordinary ability (3 of 10 criteria) |
Learn more about the O-1A visa Learn more about the E-2 visa
Include funding documentation, bank statements, and investor letters proactively.
Establish board governance or investor oversight to demonstrate a valid relationship.
Provide specific technical requirements, projects, and degree specifications.
Given the $100,000 Proclamation fee, many startups find the O-1A visa more cost-effective.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Yes. U.S. startups can sponsor H-1B visas regardless of company size, age, or revenue. USCIS does not impose minimum requirements for these factors. However, the startup must meet all standard H-1B requirements: a legitimate specialty occupation, ability to pay the prevailing wage, and a valid employer-employee relationship.
Startups face additional scrutiny because they often have limited financial history, small teams, and sometimes involve founders who are both petitioner and beneficiary.
Learn more about the H-1B visa
This is the most common challenge. USCIS evaluates through:
Tax returns (for companies with filing history)
Bank statements showing sufficient funds
Venture capital documentation (term sheets, SAFE agreements)
Financial statements (audited or unaudited)
For founder-petitions where the beneficiary owns a majority of the company, USCIS questions whether a valid relationship exists. Solutions include board of directors oversight, investor control provisions, or minority ownership structures.
The position must require at least a bachelor's degree in a specific field. Provide detailed job descriptions with specific technical requirements.
Challenge | Solution |
|---|---|
No revenue history | Provide funding docs, bank statements, investor letters |
Small team (1-5 employees) | Detailed org chart, growth projections, client contracts |
Founder as beneficiary | Document board oversight, investor governance |
Generic job description | Specify technologies, projects, degree requirements |
High total fees | Explore O-1A as alternative (lower fees, no lottery) |
Step 1: Register during the H-1B lottery window ($215). Step 2: If selected, file an LCA with DOL. Step 3: File Form I-129 with financial and operational evidence. Step 4: Respond to any RFEs with detailed documentation. Step 5: Worker begins employment upon approval (October 1 for cap-subject).
Item | Cost (Small Employer) | Cost (Large Employer) |
|---|---|---|
Registration | $215 | $215 |
I-129 filing fee | $530 | $1,055 |
Asylum Program Fee | $300 | $600 |
Anti-fraud fee | $500 | $500 |
ACWIA fee | $750 | $1,500 |
Presidential Proclamation fee | $100,000 | $100,000 |
Premium processing | $2,805 | $2,805 |
Total (with premium + Proclamation) | $105,100 | $106,675 |
Visa | Advantage | Key Requirement |
|---|---|---|
O-1A | No lottery, no cap, lower total fees | Extraordinary ability (3 of 8 criteria) |
E-2 | No lottery, business investment | Treaty country + substantial investment |
L-1A | Intracompany transfer, no cap | 1 year with foreign company |
EB-2 NIW | Green card, self-petition | Advanced degree + national interest |
EB-1A | Green card, self-petition | Extraordinary ability (3 of 10 criteria) |
Learn more about the O-1A visa Learn more about the E-2 visa
Include funding documentation, bank statements, and investor letters proactively.
Establish board governance or investor oversight to demonstrate a valid relationship.
Provide specific technical requirements, projects, and degree specifications.
Given the $100,000 Proclamation fee, many startups find the O-1A visa more cost-effective.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Frequently Asked Questions
Can a startup with no revenue sponsor an H-1B?
Yes. The startup must demonstrate ability to pay through other means such as venture capital funding, bank statements, or investor commitments. A startup with $1M+ in funding can demonstrate ability to pay even without revenue. USCIS may issue an RFE requesting additional financial documentation.
Can a startup with no revenue sponsor an H-1B?
Can a startup founder sponsor themselves for an H-1B?
It is possible but complex. The company can file the petition, but USCIS requires a valid employer-employee relationship. Majority owners face scrutiny - board oversight or investor control provisions help. Many founders find the O-1A visa simpler since it avoids this employer-employee issue.
Can a startup founder sponsor themselves for an H-1B?
Is the H-1B the best visa for startup founders in 2026?
Often not. The lottery (25-30% selection rate) and $100,000 Presidential Proclamation fee make H-1B expensive and uncertain. The O-1A visa (no lottery, no cap, lower fees) is frequently preferred for founders with extraordinary ability. The E-2 treaty investor visa is another option for founders from treaty countries.
Is the H-1B the best visa for startup founders in 2026?
What is the $100,000 Presidential Proclamation fee?
On September 19, 2025, a Presidential Proclamation introduced a $100,000 fee for new H-1B petitions filed after September 21, 2025. This is in addition to standard filing fees. The fee significantly impacts startup budgets and has led many founders to explore alternative pathways. Consult a licensed immigration attorney for the latest requirements.
What is the $100,000 Presidential Proclamation fee?
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