Can an H1B Visa Holder Start a Business on Startup Visa?

An H1B visa holder cannot independently start and run a business in the U.S. because the visa ties them to their sponsoring employer. However, they may establish a company as long as they are not actively managing it or working for it without authorization. To actively run a startup, they would need proper work authorization.

Options include changing to another visa category, such as the O-1 visa for individuals with extraordinary ability, or pursuing the International Entrepreneur Parole program, which allows certain founders to build startups in the U.S. Another path could be obtaining a green card through employment or investment categories.

So, while you can technically register a company on H1B, you cannot legally operate or work for it unless you secure appropriate authorization.