No, the H-1B is not reserved exclusively for large corporations. It exists so that companies in the United States, of any size, can hire foreign professionals in roles that require technical or specialized knowledge.
What the law looks at is not the size of the company, but rather the nature of the position. Startups, small, and mid-sized businesses can sponsor an H-1B just as a multinational can, as long as they can demonstrate two key points:
- That the position is a genuine specialty occupation, requiring specific qualifications.
- That the candidate holds the necessary credentials to fill the role.
In practice, smaller companies often have less in-house legal infrastructure, which makes it even more important to put together a well-documented petition. The process has rigorous requirements for both the employer and the professional.
If you work with or at a smaller company and are considering the H-1B, it is worth checking the updated requirements on the USCIS website and working with an immigration professional to structure the petition.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.