← Back to context

Comment by sangupta

13 hours ago

Is there a possible track for H1B holders (solo/team) to be able to start one? What I have usually been briefed is that you need a US citizen as a majority stake holder. Thanks.

It's challenging but not impossible. A key is having less than 50% ownership interest in the company and an employment agreement with the company. It's close to impossible where the ownership is vested and at or above 50%. Again, not impossible but extremely challenging. The other owners also can be foreign nationals; they don't need to be U.S. citizens. So, where there are three foreign national founders, each owning a third, this should be fine.

  • Thanks - this helps.

    > employment agreement with the company

    I believe this means that once the entity is founded and funding secured, all participants will need to transfer their H1B to this new entity in order to work for it, right?