Can You Bid on Federal Contracts Without U.S. Citizenship?
Generally yes: bidding on federal contracts, including contracts set aside for small businesses in general, does not require the owners to be U.S. citizens. The exceptions are certain SBA programs: 8(a), WOSB/EDWOSB and HUBZone require U.S. citizen owners, and SBA-backed loans and surety bond guarantees now do too.
What does not require citizenship
Competing for a federal contract in open competition does not require the owners to be U.S. citizens. The same is true for contracts reserved for small businesses in general: the test is the SBA size standard for the notice's NAICS code, not the owners' citizenship.
Many solicitations do require an active SAM.gov registration at the time you bid. Registering in SAM.gov is free. Check the requirements of each solicitation.
What does require U.S. citizen owners
Some SBA certifications and financing programs do. The table shows each one with its source. The rules change: this guide was last reviewed on October 20, 2026.
| Program | U.S. citizen owners required? | Source |
|---|---|---|
| Bidding in open competition | No | General rule |
| Small business set-aside (general) | No | General rule (size standard by NAICS) |
| 8(a) Business Development | Yes: owners who are U.S. citizens residing in the U.S. | 13 CFR 124.101 |
| WOSB / EDWOSB | Yes: women who are U.S. citizens residing in the U.S. | 13 CFR 127.200 |
| HUBZone | Yes: at least 51% of owners; exceptions for Alaska Native corporations, tribal governments, community development corporations, agricultural cooperatives and Native Hawaiian organizations | 13 CFR 126.200(a)(1) |
| SBA 7(a) and 504 loans | Yes: 100% of owners U.S. citizens or nationals with principal residence in the U.S., since March 1, 2026 | SBA announcement 26-35 |
| SBA surety bond guarantee and microloans | Yes: same rule, since April 1, 2026 | SBA announcement 26-35 |
What to do in practice
- Before bidding on a set-aside, check which certification it needs. A general small business set-aside has no citizenship test; an 8(a), WOSB, EDWOSB or HUBZone set-aside does.
- If your owners are not all U.S. citizens, look first at open competition and small business set-asides in general, and at Sources Sought notices that let an agency know your company exists.
- If a solicitation requires bonding, find out early how you will obtain the bond. The SBA surety bond guarantee requires U.S. citizen owners (since April 1, 2026).
- For a decision that matters, ask a lawyer or your local SBA office. This guide is general information, not legal advice.
How Kailu Bids handles this
Our onboarding form asks one optional question: "Are all owners U.S. citizens?" (Yes / No / Prefer not to say). We ask nothing else about immigration status and no documents. If you answer No, we never recommend 8(a), WOSB, EDWOSB or HUBZone opportunities. If you prefer not to say, we show them with the note "requires U.S. citizen owners". We never show your answer on a public page.
This guide does not cover service-disabled veteran-owned (SDVOSB) or veteran-owned (VOSB) set-asides. See 13 CFR part 128 for those.
Frequently asked questions
Do I need U.S. citizen owners to bid on a small business set-aside?
No. A general small business set-aside depends on the SBA size standard for the notice's NAICS code, not on citizenship. Certifications such as 8(a), WOSB, EDWOSB and HUBZone are different: they require U.S. citizen owners.
Which SBA certifications require U.S. citizen owners?
8(a) (13 CFR 124.101), WOSB and EDWOSB (13 CFR 127.200) and HUBZone (13 CFR 126.200(a)(1), at least 51% with listed exceptions).
Does Kailu Bids ask for immigration documents?
No. The form has one optional question about whether all owners are U.S. citizens. We ask for no documents and never display the answer publicly.
How current is this guide?
It was last reviewed on October 20, 2026 and is reviewed every quarter (next review January 20, 2027) because these rules change.
Sources
- 13 CFR 124.101 (8(a) Business Development)
- 13 CFR part 127 (WOSB and EDWOSB)
- 13 CFR 126.200 (HUBZone)
- SBA announcement 26-35 (2026-03-09)
General information, not legal advice. Kailu Bids is an independent service of Kailu Media LLC and is not affiliated with SAM.gov, the SBA or any government agency. Rules change; check the sources above. Last reviewed: October 20, 2026.