The H-1B visa remains the primary pathway for AI engineers seeking to work in the United States. Despite intense competition—with 343,981 registrations competing for approximately 85,000 annual cap-subject slots in FY2026—the H-1B continues to be the most viable option for most AI professionals. The lottery-based selection process and complex regulatory requirements mean that strategic planning and working with experienced H-1B visa attorneys who understand both immigration law and the tech industry can make the difference between approval and costly delays.
The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring theoretical and practical application of specialized knowledge. For AI engineers, this typically means roles in machine learning, natural language processing, computer vision, and related fields that demand at least a bachelor's degree in a relevant discipline.
The program operates under annual numerical caps:
For the FY2026 lottery, USCIS received 343,981 registrations representing 336,153 unique beneficiaries—a 27% decrease from FY2025's 479,953 registrations following implementation of the beneficiary-centric selection system designed to reduce duplicate filings. Selection rates have improved significantly, rising from approximately 14-18% (FY2024) to 25-35% (FY2025-FY2026).
To qualify for an H-1B visa, the position must meet the specialty occupation definition under immigration law:
For AI engineering roles, these criteria are typically straightforward—positions in machine learning, deep learning, and AI research inherently require specialized computer science, mathematics, or related degrees.
AI engineers must demonstrate credentials aligned with their proposed role:
Approximately 49-67% of H-1B workers hold advanced degrees, and this percentage is even higher among AI professionals given the field's technical demands.
Unlike some visa categories, H-1B requires employer sponsorship—the foreign worker cannot self-petition:
For STEM professionals seeking H-1B sponsorship, identifying employers committed to visa sponsorship early in the job search process is essential.
H-1B petitions involve multiple government fees beyond legal service costs. Following the April 1, 2024 USCIS fee rule, the current fee structure is:
Total costs typically range from $4,000 to $10,000+ depending on employer size, fee tier eligibility, and whether premium processing is selected.
At Alma, H-1B legal services follow clear, upfront pricing:
These fees cover attorney services, paralegal support, platform access, administrative charges, and up to three consultation calls between attorney and employee. The flat-rate model eliminates billing surprises common with hourly arrangements.
The H-1B cap-subject lottery follows a defined annual timeline:
Since FY2025, USCIS has used a beneficiary-centric selection process where each unique beneficiary receives only one chance in the lottery regardless of how many employers register them—eliminating the advantage previously held by candidates with multiple registrations. Note: A weighted selection system based on wage levels is scheduled to take effect February 27, 2026, which may further change selection dynamics for the FY2027 cap season.
Strategic planning can improve your H-1B prospects:
Working with immigration attorneys experienced in H-1B strategy helps identify optimal positioning within USCIS regulations.
AI engineering positions naturally satisfy specialty occupation requirements. USCIS has recognized that "cultivating and retaining talent in AI and other emerging technologies is critical to U.S. global competitiveness."
Key factors establishing AI roles as specialty occupations:
Computer-related occupations account for 65% of all H-1B visas, with AI roles representing a growing portion of this category.
When working with employers on H-1B petitions, ensure the position description clearly articulates:
Vague job descriptions invite Requests for Evidence (RFE). Specificity strengthens petitions—Alma's guaranteed 2-week turnaround includes thorough position documentation to minimize RFE risk.
Given H-1B constraints, alternative pathways merit serious consideration for AI professionals.
O-1 visas for individuals with extraordinary ability have more than doubled since 2020, reaching 19,457 approvals in FY2024. For AI engineers with strong credentials, O-1 offers compelling advantages:
AI/ML contributions that support O-1A eligibility include:
Explore O-1A visa options if you have publications, patents, or industry recognition in AI.
AI professionals may qualify for EB-2 NIW under existing standards, with AI included on the Critical and Emerging Technologies List that supports national importance arguments under the Matter of Dhanasar framework:
For AI engineers pursuing long-term U.S. residence, EB-2 NIW may offer a direct green card path without employer dependency.
Other visa categories serve specific AI engineer profiles:
View complete options on Alma's temporary work visas page.
Not all employers sponsor H-1B visas. AI engineers should target companies with established sponsorship track records.
According to the USCIS H-1B Employer Data Hub for FY2025, Amazon leads all employers with 4,644 initial H-1B approvals, followed by Meta Platforms with 1,555 approvals, Microsoft with 1,394 approvals, and Google with 1,050 approvals—reflecting the continued shift from outsourcing models toward direct AI talent acquisition by major technology companies.
Cap-exempt employers offer a pathway often overlooked by AI engineers:
Cap-exempt H-1Bs can be filed year-round without lottery participation, and affiliated employees may later transfer to cap-subject employers using previously counted status.
Experienced immigration attorneys provide critical support throughout the H-1B process:
Alma's business immigration platform provides employers with real-time dashboards, compliance tracking, and HRIS/ATS integration—creating a single source of truth for managing AI talent immigration programs at scale.
The H-1B process involves substantial complexity—from lottery registration through petition filing, potential RFE responses, and ongoing compliance. Alma combines attorney expertise with technology to streamline every phase.
Alma's platform delivers measurable time savings:
Quality legal work produces better results:
Immigration affects careers and families—Alma treats it accordingly:
For AI engineers ready to pursue H-1B sponsorship, schedule a free consultation to explore your options with Alma's attorney team.
Yes, foreign master's degrees qualify for H-1B petitions but require credential evaluation to confirm U.S. equivalency. However, only U.S. advanced degrees qualify for the master's cap (additional 20,000 visas), so candidates with foreign degrees compete only in the regular 65,000 cap lottery. USCIS may require evaluation from approved agencies to establish that the foreign degree meets specialty occupation requirements.
H-1B denials trigger several potential next steps depending on your situation. You may file a motion to reopen or reconsider within 33 days (30 days plus 3-day mail rule per 8 CFR 103.5), or appeal to the Administrative Appeals Office (typically 6+ months processing). The denial rate for new H-1B petitions in FY2024 was 2.5%, demonstrating that well-prepared applications generally succeed. Working with experienced counsel on the initial petition significantly reduces denial risk.
Premium processing guarantees USCIS action within 15 business days (approximately 3 weeks) for an additional $2,965 premium processing fee (effective March 1, 2026) fee, where "action" means approval, denial, or Request for Evidence. Note: As of April 1, 2024, the timeline changed from 15 calendar days to 15 business days. Premium processing makes sense when starting dates are time-sensitive, when transitioning from OPT with expiring work authorization, or when employers require rapid confirmation for project staffing. Premium processing is available at initial filing or can be requested after regular submission; if USCIS fails to meet the deadline, the fee is refunded.
Employers assume ongoing legal obligations throughout H-1B employment, including maintaining public access files with wage documentation and working conditions attestations. Employers must pay H-1B workers their full salary even during nonproductive periods unless specifically authorized leave. Material changes to job duties, location, or salary require amended petitions filed before the change takes effect, and employers must notify USCIS of early termination while offering reasonable return transportation costs.
H-1B status is initially granted for up to three years and can be extended in three-year increments to a maximum of six years. Extensions beyond six years are possible under AC21 §104(c) and §106(a) if a green card petition or labor certification has been pending for one year or more. For AI engineers, primary green card paths include EB-1A (extraordinary ability), EB-1B (outstanding researchers), EB-2 with PERM labor certification, or EB-2 NIW (national interest waiver without employer sponsorship). Processing times vary by category and country of birth.
