Securing an H-1B visa for an account executive role presents unique challenges in 2026—sales positions face heightened scrutiny because they must demonstrate specialized knowledge beyond general selling skills. With a one-time $100,000 fee now required for new petitions filed since September 2025 and a wage-weighted lottery finalized for FY 2027, strategic positioning of your account executive role is more critical than ever. Alma's H-1B legal services help professionals and employers build compelling petitions that meet USCIS's specialty occupation standards with a 99%+ approval rate.
The H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations—but what exactly qualifies as one? Under 8 USC 1184(i)(1), a specialty occupation requires "theoretical and practical application of a body of highly specialized knowledge" and a bachelor's degree in a specific specialty as the minimum entry requirement.
For account executives, this creates a significant hurdle. As the Berkeley International Office explicitly notes, "Positions in sales can be difficult if they do not require special training." Generic sales roles where anyone with persuasion skills can succeed won't qualify.
To meet specialty occupation criteria, your position must satisfy one of four tests under 8 CFR 214.2(h)(4)(iii)(A) as clarified by the January 17, 2025 H-1B Modernization Final Rule:
Successful H-1B petitions for account executives emphasize specialized aspects that go beyond traditional selling:
The H-1B operates under an annual cap of 85,000 visas—65,000 for the regular cap and 20,000 reserved for beneficiaries with U.S. master's degrees or higher. With demand far exceeding supply, USCIS uses a lottery system to select which petitions can be filed.
For FY 2025, USCIS received approximately 470,000 unique beneficiary registrations—down 38% from FY 2024's 781,000 due to anti-fraud measures. The selection rate improved to approximately 26%, though competition remains intense.
Starting with the FY 2027 lottery (registrations in March 2026), USCIS will implement a wage-weighted selection system finalized on December 29, 2025 that fundamentally changes selection probabilities. Under this system, Level IV (highest wage level) positions receive 4 lottery entries, significantly advantaging senior and director-level account executives, while Level III positions receive 3 entries for experienced AEs with strong records, Level II positions receive 2 entries for mid-career account executives, and Level I (entry-level) positions receive just 1 entry, meaning junior AEs face the longest odds in the lottery. This shift means employers sponsoring account executives should consider positioning roles at higher wage levels when qualifications support it—a Level IV position has four times the selection probability of Level I.
The September 19, 2025 Presidential Proclamation imposed a one-time $100,000 fee on new H-1B petitions—a seismic shift that demands careful analysis for account executive sponsorship.
Note: The $100,000 fee is currently under active litigation in the D.C. Circuit Court of Appeals (as of January 2026), with oral arguments expected in February 2026. While the fee remains in effect, employers should monitor developments closely.
For companies evaluating whether to sponsor an account executive, this fee transforms the ROI calculation. Combined with standard government fees of $2,010-$3,380 (depending on employer size) and legal fees, the total investment can exceed $110,000 for a single petition.
H-1B requires employer sponsorship—the company files the petition, not the individual. Alma's business immigration platform helps employers manage this process with scalable workflows and compliance tracking.
Before filing the H-1B petition, employers must obtain a certified LCA from the Department of Labor attesting to:
For account executives, determining the correct prevailing wage requires matching duties to the appropriate SOC occupation code. "Sales Representatives, Technical and Scientific Products" often fits better than generic sales categories because it emphasizes specialized knowledge requirements.
USCIS scrutinizes whether legitimate employment exists, particularly for client-facing roles like account executives where work may occur at third-party locations. Employers must establish:
Documentation quality determines success. With FY 2025 approval rates at approximately 97.8% overall, properly prepared petitions typically succeed—but account executive roles require extra attention to specialty occupation evidence.
The job description makes or breaks an account executive H-1B petition. Avoid generic sales language and emphasize:
Alma's legal services include expert guidance on positioning account executive roles to satisfy USCIS specialty occupation requirements with guaranteed 2-week document turnaround.
Even well-prepared petitions may receive Requests for Evidence (RFE). For account executives, common RFE issues include:
Alma's visa application packages include RFE response services, and Growth & Enterprise plans offer one free refile in case of initial denial or comprehensive RFE.
Understanding total investment helps with planning. Here's what to expect for an account executive H-1B in 2026:
H-1B lottery registration costs $215 per beneficiary, while H-1B legal fees through Alma are $3,500 for cap or cap-exempt cases, and USCIS filing fees range from $2,010 to $3,380 based on employer size. Optional premium processing costs $2,805 (increasing to $2,965 on March 1, 2026), and if applicable, the $100,000 fee for beneficiaries outside the U.S. requesting consular notification. For large employers with 26 or more full-time equivalent employees, the fee breakdown includes a $780 Form I-129 base fee, $1,500 ACWIA Training Fee, $500 Fraud Prevention Fee, and $600 Asylum Program Fee, totaling $3,380 in base fees.
Given the challenges for sales roles and the $100,000 fee, exploring alternatives makes sense. As immigration attorney Nicole Gunara of Manifest Law notes, "There's still going to be a strong demand for foreign nationals... It's about becoming a little bit more creative in terms of the options."
Alma's comprehensive visa services include evaluation of all potential pathways to identify the optimal strategy for your specific situation.
Alma combines attorney expertise with technology to deliver immigration services with speed, excellence, and care. For account executive H-1B petitions specifically, Alma provides:
For startups hiring account executives, Alma's Startup Plan offers streamlined support for 1-25 foreign nationals with special pricing for partner VCs and accelerators.
The January 2025 final rule now allows entrepreneurs to self-sponsor through their own companies—a major policy shift effective January 17, 2025. However, you must demonstrate a bona fide business with real operations, an employer-employee relationship with external board oversight or contractual obligations limiting your control, payment of prevailing wage through proper payroll, and a role that qualifies as a specialty occupation. Self-sponsored account executives face additional scrutiny on the employer-employee relationship question.
You have a 60-day grace period (or until your I-94 expires, whichever is shorter) to find new H-1B sponsorship, change to another valid status, or depart the U.S. A new employer can file an H-1B petition for you using cap-exempt portability provisions—you can begin working once the new petition is filed. Alma's H-1B change of employer service costs $3,000 and includes expedited preparation to maximize your grace period.
Yes. H-1B positions with institutions of higher education, nonprofit research organizations, or government research organizations are cap-exempt. An account executive selling to universities wouldn't qualify—the exemption applies to employees OF exempt organizations, not those doing business with them. Some account executives secure cap-exempt positions at university technology transfer offices or nonprofit healthcare systems, then later transfer to cap-subject employers using portability.
H-1B is a temporary visa limited to 6 years (with possible extensions). Account executives from India and China face severe employment-based green card backlogs—74.1% of FY 2021 H-1B approvals went to India-born beneficiaries, creating decades-long waits for EB-2/EB-3 green cards. Planning for this reality is essential; some account executives explore EB-1A (extraordinary ability) or EB-2 NIW (national interest waiver) categories that offer faster processing without per-country limits.
Timing and positioning matter significantly. Use your OPT period to build specialized expertise and documented achievements that strengthen your H-1B petition. If eligible for STEM OPT extension, you gain additional lottery attempts while building experience that may justify higher wage levels under the new wage-weighted system. Work with your employer to position your role at the highest defensible wage level—the difference between Level II (2 entries) and Level III (3 entries) meaningfully impacts selection probability. Alma offers STEM OPT services alongside H-1B preparation for seamless transition planning.
