Yes, a startup can sponsor an H-1B visa as long as it meets all the requirements set by USCIS, including having the ability to pay the prevailing wage, a legitimate employer-employee relationship, and offering a job that qualifies as a specialty occupation. The startup must also demonstrate operational viability and the capacity to support the H-1B worker.

Startups are allowed to sponsor H-1B visas, but they face more scrutiny than established companies. To be successful, the startup must prove it is a real and active business with sufficient funding or revenue to pay the H-1B worker’s wages. Additionally, the position offered must require at least a bachelor’s degree in a specific field, and the company must maintain proper documentation of the employer-employee relationship.

While startups can sponsor H-1B visas, doing so requires thorough preparation. USCIS often looks for evidence that the startup has office space, business plans, funding, and payroll capabilities. For founders seeking an H-1B through their own startup, it’s critical to show that a board or separate entity controls their employment to satisfy the employer-employee requirement.