Startups Need Talent. Green Cards Help You Keep It.
As a startup founder or small business owner, you wear many hats: visionary, manager, recruiter, problem-solver. When you find exceptional talent, you want to keep them. But if that employee happens to be a foreign national, you may be wondering:
“Can my startup sponsor me for an EB-2 green card?”
The answer is yes, but it’s not simple.
Sponsoring a foreign employee for a green card, especially under the EB-2 category, is a long-term commitment that requires strategy, thorough documentation, and a clear understanding of your employer obligations. For startups with limited resources and fluid job roles, this process can seem overwhelming.
But with the proper guidance, your business can not only retain top-tier international talent — it can thrive because of it.
What Is the EB-2 Green Card — and Why Should Startups Care?
The EB-2 green card is reserved for:
- Individuals with advanced degrees (Master’s or higher, or equivalent experience)
- Individuals with exceptional ability in the sciences, arts, or business
This employment-based category offers a path to permanent residency and long-term workforce stability for both the employer and the employee.
Unlike temporary work visas (such as H-1B), the EB-2 green card provides permanent work authorization and immigration stability, making it a valuable tool for startups seeking to build loyal, long-term teams.
5 Things Every Employer Should Know Before Sponsoring an EB-2 Green Card
1. Yes, Your Startup Can Sponsor — If the Job Is Full-Time and Permanent
One of the biggest misconceptions is that startups can’t sponsor employees. In truth, USCIS doesn’t require a business to be large, but it does require the position to be permanent and full-time.
You’ll need to:
- Prove that the role is not temporary
- Align the job duties with the employee’s qualifications
- Provide a job offer that fits within a structured job classification (often aligned with the Department of Labor’s occupational database)
Startups offering vague or shifting job titles may struggle here; clarity and consistency are key.
2. You’ll Need to Prove Your Business Is Viable and Can Pay the Wage
One of the biggest hurdles for early-stage startups is demonstrating the financial ability to pay the offered wage.
USCIS may request:
- Corporate tax returns
- Profit and loss statements
- Balance sheets
- Bank statements or funding evidence
Even if you’re pre-revenue, evidence of venture capital, angel investments, or other reliable funding can support your case, but it must match the offered wage in the labor certification process.
3. Labor Certification (PERM) Is Required — And It’s Complex
Before you file the I-140 petition, most EB-2 green card applications require you to complete a PERM labor certification — a process designed to ensure no qualified U.S. workers are being displaced.
This includes:
- Advertising the job in specific outlets
- Interviewing qualified U.S. applicants
- Filing paperwork with the Department of Labor
Startups often underestimate the time, structure, and legal guidance required to complete PERM. Failing to follow the exact process can invalidate the certification — and delay the entire green card process.
4. Startups Must Plan for the Long Haul
The EB-2 process can take 12 to 24 months or longer, depending on backlogs and whether premium processing is available. During this time:
- Your employee must remain in legal status (such as H-1B, O-1, or F-1 OPT)
- Your business must continue to meet the wage and job requirements
- Any change in business structure, job title, or compensation can impact the case
If your startup pivots or shuts down mid-process, your employee’s petition could be voided. Think long-term before committing.
5. National Interest Waiver (NIW) Might Be a Better Option
In some cases, the employee may qualify for a National Interest Waiver (NIW) — an EB-2 subcategory that allows self-petitioning without employer sponsorship or PERM.
While not a fit for every startup, this route is worth exploring if:
- Your employee is a key contributor to critical research, public health, technology, or business innovation
- Their work benefits the U.S. on a national level
- Your startup can’t yet meet the rigorous sponsorship documentation
If NIW applies, your employee may be able to file independently while still working for your startup.
FAQs: Sponsoring a Green Card as a Startup
Can my early-stage startup sponsor an EB-2 green card?
Yes — but you must show the business is viable, the job is permanent and full-time, and you can pay the offered wage.
Do I need to be profitable to sponsor a green card?
Not necessarily — but you must show sufficient funding or assets to support the employee’s salary now and in the future.
Can I sponsor someone if we haven’t raised outside funding yet?
Possibly. If you have strong bank records, contracts, or internal funding, you may still qualify — but documentation is critical.
How long does the EB-2 process take for startups?
Typically 12–24 months. PERM alone can take 6–10 months. Planning ahead is essential.
What if I want to switch the employee’s job duties or title mid-process?
Talk to an immigration attorney before making changes. Significant deviations from the original job description can lead to denial.
Ready to Sponsor Your Key Employee? We Can Help You Do It Right.
Sponsoring an employee for a green card isn’t just a legal move — it’s a strategic decision that impacts your startup’s future.
✅ Keep top talent
✅ Build long-term loyalty
✅ Avoid costly missteps
Are you unsure if your startup is ready? We’ll help you evaluate your options and create a plan that aligns with your growth stage.
