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SBA proposal would broaden which companies qualify as small businesses

Written by Daniel Mercer

Published: 18:12, August 26, 2026

The US Small Business Administration has proposed consolidating nearly 1,000 industry entries into 338 size standards, a change it estimates would make 114,541 additional employer firms eligible for federal small-business programs.

The proposal would replace almost 1,000 detailed industry standards with 338 broader categories. It would also raise many of the limits and use employee counts instead of revenue in more industries.

That last change creates a result that can sound contradictory. A business could earn more than $1 billion a year and still qualify as small if its industry is judged mainly by employee numbers and it remains below the relevant limit.

This does not mean every billion-dollar company would suddenly become a small business. It means the word “small” has a specific legal purpose in federal programs and does not always describe how a company looks in ordinary conversation.

What does the SBA mean by a small business?

The SBA sets a size standard for each industry. The limit is usually based on either a company’s average annual receipts or its average number of employees.

A business must also be independently owned and operated and must not be dominant in its field. SBA affiliation rules can require a company to count the employees or revenue of related businesses as well, so a large corporate group cannot necessarily divide itself into smaller units and claim that each one is small.

The classification matters because it can affect access to federal contracts reserved for small businesses, SBA-backed loans and certain regulatory concessions. Qualifying as small does not automatically award a contract or approve a loan. It only clears one eligibility test.

Under the proposed rule published in the Federal Register, the agency would consolidate standards that are now often set for narrow six-digit industry codes. Many would instead apply to broader four-digit or five-digit groups under the North American Industry Classification System, commonly called NAICS.

NAICS is the government system used to classify businesses by their main activity. A semiconductor manufacturer, a farm and an insurance carrier can therefore face very different tests.

Why revenue would no longer decide as many cases

The SBA says employee counts are generally less volatile than annual receipts. A company’s sales can rise or fall sharply with prices and demand, while its workforce may change more slowly.

The agency argues that broader employee-based standards would give businesses more certainty and allow productive firms to grow without quickly losing eligibility.

Some proposed increases are substantial. The employee limit for semiconductor and related device manufacturing would rise from 1,250 to 2,800. Shipbuilding and repair would move from 1,300 to 2,300, while oil and gas drilling would rise from 1,000 to 2,650.

Farming provides an even clearer illustration of why revenue can stop being decisive. Soybean farms are currently measured against a $2.25 million receipts limit. The proposal would replace that with a limit of 2,700 employees.

A farm with very high sales but fewer than 2,700 employees could therefore pass the size test, provided it also met the ownership, independence, affiliation and non-dominance requirements.

The possibility of a billion-dollar “small” business comes from this structure. Where the standard is based on employees, the rule does not add a separate revenue ceiling.

More companies would compete for the same programs

The SBA estimates that the number of employer businesses qualifying as small would rise from 6,344,967 to 6,459,508. That is an increase of 114,541 firms, or 1.8%.

About 37,002 of the newly eligible businesses already participated in the federal marketplace during the 2025 fiscal year. Together, they held more than $71 billion in federal contracts, according to the agency’s analysis.

That does not mean the proposal would add $71 billion to small-business spending. Those contracts already existed. It means the companies holding them could become eligible to compete as small businesses under the new thresholds.

The change could therefore have opposite effects for different companies. Growing firms near today’s limits could keep their status for longer. Much smaller contractors could face more competition from businesses with greater staff, revenue and bidding capacity.

The SBA says the broader categories would reduce compliance costs and reflect the markets in which companies now compete. The proposal also raises a distribution question: whether broader eligibility would leave enough opportunities for the smallest firms.

For now, none of the changes is final. The agency is accepting public comments until 21 September 2026. After reviewing them, it can revise the proposal before issuing a final rule.

The practical question is not whether a billion-dollar business feels small. It is whether, within its industry, the federal government believes it should still receive the opportunities and protections attached to small-business status.

Daniel Mercer Avatar

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