Can your startup legally sponsor an H1B visa? Check the critical requirements USCIS will scrutinize.
Is the startup a legitimate US legal entity (LLC, C-Corp, etc.) registered with the state?
USCIS requires the petitioning employer to be a real, operational US entity. A sole proprietorship or unformed company cannot file.
Does the startup have a Federal EIN (Employer Identification Number)?
Required to file I-129 and LCA. Obtain from IRS.gov.
Can the startup demonstrate ability to pay the H1B prevailing wage for the entire petition period?
Must show ability to pay from the petition date through the approval period. Funding letters, capitalization tables, and bank statements are key evidence.
Is there a bona fide employer-employee relationship (not just a founder hiring themselves)?
USCIS scrutinizes founder H1Bs heavily. If you are the sole owner and no one controls your work, the employer-employee relationship may fail. A board of directors or co-founders with oversight can help.
Does the company have a physical US business address (not a virtual office only)?
Physical presence strengthens the legitimacy of operations. A WeWork or coworking address is generally acceptable.
Has the startup been operating for at least 1 year (not a brand-new shell company)?
Newly formed companies are higher-scrutiny. USCIS looks for evidence of real business activity: contracts, invoices, employees, filings.
Is the H1B role a specialty occupation (requires a specific bachelor's degree)?
The specialty occupation requirement applies equally to startups. The role must require a specific degree, not just any degree.
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Sumit Patel
SMIEEE Β· FBCS Β· FIETE | 16+ years data engineering | 30+ peer-reviewed papers
Sumit built H1BVisaJobs.com on 10 GB+ of DOL LCA disclosure data (FY2022βFY2025). All immigration data and analysis on this site comes from primary government sources.