The H-1B visa remains the primary pathway for foreign backend engineers to work legally in the United States—but the landscape has shifted dramatically. With lottery selection rates varying between 29-35% depending on the fiscal year and a $100,000 fee requirement for certain petitions filed after September 2025, backend engineers need a clear strategy to secure U.S. work authorization. Whether you're on OPT hoping to transition or an employer evaluating sponsorship costs, Alma's H-1B visa services provide the legal expertise and streamlined process to maximize your chances.
The H-1B specialty occupation visa enables foreign nationals to work in the United States in positions requiring at least a bachelor's degree in a specific field. Backend engineering roles—building server-side applications, APIs, databases, and system architecture—clearly qualify as specialty occupations requiring theoretical and practical knowledge in computer science or software engineering.
The H-1B allows U.S. employers to temporarily employ foreign workers in specialty occupations. Key characteristics include:
The program operates under an annual cap of 85,000 visas—65,000 Regular Cap + 20,000 U.S. Master’s Cap for those with U.S. master's degrees or higher.
To qualify, backend engineers must demonstrate:
The annual lottery has become the defining challenge for H-1B hopefuls. With demand far exceeding supply, understanding the odds and timing is critical.
The lottery follows a structured timeline each year:
In FY 2025, USCIS received 470,342 eligible registrations competing for 85,000 slots, resulting in an initial selection rate of approximately 25.8%. After a second lottery round, the final selection rate reached approximately 29%. FY 2026 saw a significant decrease to 343,981 registrations—a 26.9% reduction—which improved selection odds to approximately 35.3%.
The beneficiary-centric selection process, implemented in February 2024 for the FY 2025 cap season, selects registrations by unique beneficiary rather than by registration, giving each individual equal odds regardless of how many employers submit registrations for them.
Several factors can increase selection probability:
Alma's lottery registration service ($500) ensures timely, accurate submission and helps you avoid common pitfalls that could invalidate your entry.
Meeting H-1B requirements involves satisfying both USCIS standards and Department of Labor wage obligations.
Backend engineers typically qualify under SOC code 15-1252 (Software Developers). Acceptable credentials include:
The job description must demonstrate that the offered position is a specialty occupation, meaning that it requires specialized knowledge attained through at minimum a Bachelor’s degree in a field relevant to the offered role — generic descriptions trigger Requests for Evidence (RFEs).
Employers must fulfill several requirements before filing:
For backend engineers, prevailing wages vary significantly by location and experience level—from $90,000+ in Austin to $135,000+ in the San Francisco Bay Area for entry-level positions (Level I/II wages). Level IV wages in high-cost areas like Santa Clara County can exceed $264,000.
Once selected in the lottery, a structured filing process begins with strict deadlines.
Phase 1: LCA Certification (7-14 days) Employer files LCA with Department of Labor specifying job location, wage, and working conditions.
Phase 2: I-129 Petition Filing (within 90 days of selection) Complete petition package includes:
Phase 3: USCIS Adjudication
Phase 4: Visa Stamping (if outside U.S.) Interview at U.S. consulate, receive visa stamp, enter U.S. on or after October 1.
Backend engineers face specific RFE triggers:
Working with experienced immigration counsel—like Alma's attorney-led services—significantly reduces RFE risk through proper documentation and petition strategy.
H-1B costs extend well beyond the basic filing fee, particularly after recent policy changes.
Standard USCIS fees for H-1B petitions have increased significantly following the April 2024 fee rule. The registration fee is now $215 per beneficiary (increased from $10 for the FY 2026 cap season). The base Form I-129 filing fee is $780 for standard employers, or $460 for small employers (25 or fewer full-time employees) and qualifying nonprofit organizations. The Fraud Prevention and Detection fee remains $500, while the ACWIA fee is $750 for employers with fewer than 25 employees or $1,500 for those with 25 or more employees. A new Asylum Program Fee introduced April 1, 2024 adds $600 for employers with 26 or more employees or $300 for small employers. Optional premium processing costs $2,965 (effective March 1, 2026).. Total standard government fees range from $4,495 to $5,245 for large employers (26+ employees) without premium processing, and from $2,685 to $2,935 for small employers (25 or fewer employees) without premium processing.
A presidential proclamation effective September 21, 2025 introduced a $100,000 payment requirement for new H-1B petitions for beneficiaries currently outside the United States.
Who must pay:
Who is exempt:
This change dramatically shifts employer sponsorship calculations—total first-year costs for new international hires now exceed $104,000 in fees alone, before salary.
Alma's transparent pricing structure for H-1B services includes $500 for H-1B Lottery Registration, $3,500 for H-1B Cap/Cap-Exempt petitions, and $3,000 for H-1B Extension/Change of Employer filings. All administrative charges, platform access, and up to 3 consultation calls are included—providing backend engineers and their employers with full transparency and predictable costs throughout the process.
The H-1B program continues evolving, with significant changes affecting backend engineers' prospects.
Starting with FY 2027 registrations (March 2026), USCIS will implement wage-based weighted selection that significantly advantages higher-paid positions. Level IV (highest wage) positions will receive 4 lottery entries, Level III positions will receive 3 entries, Level II positions will receive 2 entries, and Level I (entry-level) positions will receive just 1 entry. This change significantly advantages senior backend engineers commanding higher salaries—a Level IV position would have 4x the selection probability compared to entry-level roles.
USCIS implemented beneficiary-based selection in February 2024 after detecting massive registration fraud—with estimates suggesting nearly 400,000 fraudulent registrations in recent years. Current rules ensure one person equals one lottery chance regardless of how many employers register them.
Given lottery uncertainty and the new $100K fee, alternative pathways deserve serious consideration.
The O-1A visa rewards senior engineers with exceptional achievements:
Backend engineers with significant open-source contributions, patents, or conference presentations may qualify. Alma's O-1A services provide strategic case building to demonstrate extraordinary ability through comprehensive documentation.
The L-1B visa serves engineers at multinational companies:
The TN visa offers streamlined processing:
When visa options fail, Employer of Record (EOR) arrangements allow U.S. companies to employ engineers remotely:
H-1B status is temporary—long-term U.S. residency requires a green card strategy.
Top tech companies with established H-1B programs demonstrate strong sponsorship activity based on FY 2024 DOL data. Amazon filed 10,969 LCAs with an average salary of $149,812, while Google filed thousands of LCAs at an average salary of $178,184. Microsoft maintains an extensive H-1B program with an average salary of $163,672, and Meta shows significant sponsorship activity at approximately $199,000 average salary. These figures represent Labor Condition Applications (intent to hire), not actual H-1B approvals—DOL certifies approximately 3x more LCAs than visas ultimately issued, but these companies have dedicated immigration teams and proven approval records.
Backend engineers typically pursue employment-based green cards through a multi-step process. The first step is PERM Labor Certification, an employer-sponsored process testing the labor market that currently takes approximately 496 calendar days (16+ months) to process. Next, the employer files an I-140 Immigrant Petition, which takes 6-19 months with standard processing or 15 business days with premium processing. The final step is Adjustment of Status (I-485), which takes 6-18+ months and is not eligible for premium processing.
Alternative paths include EB-1A (extraordinary ability) or EB-2 NIW (National Interest Waiver)—both allow self-petitioning without employer sponsorship.
Alma's green card services provide comprehensive support from PERM through approval, with transparent pricing and a 99%+ approval rate. Our attorney-led team navigates complex PERM requirements, priority date backlogs, and AC21 portability rules to secure your permanent residency.
A Bachelor's degree in computer science, software engineering, information technology, or a closely related technical field is the standard requirement. USCIS evaluates whether your degree directly relates to the specific backend engineering position. Foreign degrees require credential evaluation from an approved agency to establish U.S. equivalency. Alternatively, candidates without a formal degree may qualify by demonstrating 12 years of progressive work experience in the specialty (3 years of experience substituting for each year of education).
No—the H-1B is strictly an employer-sponsored visa requiring a U.S. employer to file the petition, pay required fees, and commit to the prevailing wage. However, backend engineers seeking independence have alternatives: the EB-2 NIW allows self-petitioning based on national interest contributions, and the O-1A visa can be filed through an agent rather than a traditional employer. Entrepreneurs founding U.S. companies may also qualify as their own sponsor under specific circumstances. Alma's self-petition services for EB-2 NIW and O-1A provide strategic guidance for engineers pursuing employer-independent pathways.
Standard processing takes 2-6 months (and can extend to 8 months) from petition filing to approval, while premium processing guarantees a decision, RFE, or NOID within 15 business days for an additional $2,805 fee (changed from 15 calendar days effective April 1, 2024). After approval, beneficiaries outside the U.S. must schedule consular interviews, which can add 2-8 weeks depending on embassy backlog. Employment can begin October 1 of the fiscal year (or later if approval comes after). The complete timeline from lottery selection to starting work typically spans 4-8 months.
Backend engineering offers several advantages: the role clearly qualifies as a specialty occupation requiring a computer science degree, salary levels typically exceed prevailing wage requirements, and major tech companies actively sponsor these positions. Challenges include demonstrating that specific job duties require degree-level knowledge, potential wage-level disputes if employers under-classify positions, and increased scrutiny for consulting or staffing arrangements where the end-client relationship isn't clear. Backend engineers at product companies with direct employment relationships face fewer complications. Alma's experienced attorneys craft compelling technical job descriptions and wage justifications that withstand USCIS scrutiny.
F-1 students currently in the U.S. on OPT are generally exempt from the $100,000 fee if they maintain U.S. presence throughout the petition process—the fee specifically targets beneficiaries "outside the United States" without valid H-1B status. However, students who travel abroad during processing may become subject to the fee. Students should maximize STEM OPT time (up to 36 months total: 12 months standard OPT plus 24 months STEM extension), consider U.S. master's programs for improved lottery odds (two chances in the selection process), and work closely with immigration attorneys to ensure continuous U.S. presence during H-1B processing. Alma's team provides strategic guidance on timing OPT-to-H-1B transitions to minimize fee exposure and maximize approval chances.
