The H-1B visa is the primary pathway for data engineers seeking to work in the United States—a specialty occupation that accounts for a significant share of computer-related H-1B approvals totaling 63.9% in FY 2024. With the September 21, 2025 introduction of a $100,000 fee for certain new petitions requiring consular processing, understanding the process, costs, and alternatives has never been more critical. Alma's H-1B visa services help data engineers and their employers secure approval with a 99%+ success rate, guaranteed 2-week document turnaround, and transparent pricing.
The H-1B is a nonimmigrant work visa that allows U.S. employers to hire foreign workers in specialty occupations requiring specialized knowledge and at minimum a bachelor's degree. Data engineering meets this threshold because the role demands theoretical and practical expertise in database architecture, ETL processes, cloud platforms, and programming languages.
USCIS applies four criteria to determine specialty occupation status under 8 CFR §214.2(h)(4)(iii)(A). A position qualifies if it meets at least one:
Data engineers typically satisfy multiple criteria—the role requires deep knowledge of SQL, Python, Spark, Hadoop, and cloud services (AWS, Azure, GCP) that can only be acquired through formal education in computer science, information systems, or related fields.
To qualify for H-1B status, data engineers must demonstrate:
The H-1B process involves multiple stages, from employer registration through final visa issuance. Understanding each step helps data engineers prepare documentation and set realistic timelines.
1. Secure Employer Sponsorship Identify U.S. companies with a history of H-1B sponsorship. Top data engineer sponsors include Meta, IBM, and Google based on DOL LCA disclosure data.
2. Labor Condition Application (LCA) The employer files Form ETA-9035 with the Department of Labor, certifying prevailing wage compliance and proper working conditions. LCA certification typically takes 7 working days per DOL guidelines.
3. H-1B Electronic Registration (March) During the registration window (typically early-to-mid March), the employer registers the beneficiary via the myUSCIS portal with a $215 registration fee.
4. Lottery Selection If registrations exceed the annual cap, USCIS conducts a random selection. Selected beneficiaries receive notification within 2-4 weeks of the registration deadline.
5. I-129 Petition Filing Selected employers have 90 days to file Form I-129 with supporting documentation including degree credentials, job descriptions, and fee payments.
6. USCIS Adjudication Standard processing takes 2-6 months; $2,965 premium processing fee (effective March 1, 2026), guarantees a decision within 15 business days.
7. Visa Issuance and Employment Start Approved beneficiaries outside the U.S. complete consular processing. Employment can begin on or after October 1.
The annual H-1B visa allocation includes a regular cap of 65,000 visas and an additional 20,000 visas reserved for beneficiaries with U.S. master's degrees or higher—both categories require lottery participation when registrations exceed available slots. Cap-exempt employers—including universities, nonprofit research organizations, and government research entities—face no numerical limits and can file H-1B petitions year-round without lottery participation per INA § 214(g)(5)(A)-(B), making this pathway particularly advantageous for data engineers at academic institutions or research labs.
Policy changes taking effect in late 2025 introduce substantial new costs for FY 2026 H-1B petitions. Understanding the fee structure helps employers and data engineers budget accurately.
For new H-1B petitions filed on or after September 21, 2025, for beneficiaries located abroad who do not already hold a valid H-1B visa, or any petition requiring consular processing:
For new H-1B petitions filed on or after September 21, 2025, for beneficiaries located abroad who do not already hold a valid H-1B visa, or any petition requiring consular processing, total costs vary by employer size: small employers (≤25 employees) face approximately $102,010 in total fees comprising the $100K fee plus $460 I-129 filing fee, $300 Asylum Program fee, $500 Fraud Prevention fee, and $750 ACWIA fee; large employers (26+ employees) pay approximately $103,380 with a $780 I-129 filing fee, $600 Asylum Program fee, $500 Fraud Prevention fee, and $1,500 ACWIA fee; and H-1B dependent employers pay approximately $107,380 which includes an additional $4,000 fee on top of the large employer costs.
The substantial fee applies only to specific circumstances. The following are exempt from the $100,000 fee:
Important: The fee applies to petitions requesting consular notification, port of entry notification, or pre-flight inspection—even for some beneficiaries inside the U.S. Consult an immigration attorney for case-specific guidance.
Alma's transparent pricing includes $500 for H-1B lottery registration and $3,500 for H-1B Cap/Cap-Exempt legal services—with all administrative charges, platform access, and up to 3 attorney consultations included.
Data engineering remains one of the most in-demand technical specializations, with strong H-1B sponsorship activity across industries.
H-1B salary data reveals significant variation based on employer and experience level: entry-level positions (25th percentile) with 0-2 years of experience at Level I-II typically earn $85,000-$105,000; the median (50th percentile) industry average sits at $111,964; senior professionals (75th percentile) with 4-6 years at Level III positions command $135,000-$160,000; and the top 5% at FAANG companies and principal engineer roles earn $189,000-$274,000.
Based on DOL LCA disclosure data for Data Engineer positions specifically, leading H-1B sponsors demonstrate strong salary offerings:
Geographic concentration follows tech hubs, with California, Texas, New York, and Washington state hosting the majority of H-1B-sponsored positions.
Meeting H-1B educational requirements requires demonstrating specialized knowledge that justifies the specialty occupation classification.
Data engineers must document proficiency in:
USCIS accepts multiple pathways to demonstrate educational eligibility:
Alma supports STEM professionals through the credential evaluation and petition preparation process, ensuring educational qualifications are properly documented.
Understanding role distinctions matters for H-1B petitions because USCIS scrutinizes whether job duties genuinely require specialized education.
For H-1B purposes, these roles differ significantly: Data Engineers focus primarily on infrastructure and pipelines with deep technical expertise in systems architecture, typically requiring degrees in computer science or engineering, making them a strong fit for specialty occupation classification; Data Scientists concentrate on model development and statistical modeling, usually holding degrees in statistics or computer science, also presenting a strong specialty occupation case; and Data Analysts emphasize reporting and insights through query optimization, often with backgrounds in business or mathematics, though this role may require additional justification to meet H-1B specialty occupation standards.
Data engineers build and maintain the infrastructure that makes data accessible—designing pipelines, optimizing databases, and ensuring data quality. This systems-level focus clearly distinguishes the role from analysts who primarily consume data or scientists who focus on modeling.
Strong H-1B petitions for data engineers emphasize:
Maintaining valid H-1B status requires ongoing attention to compliance requirements, especially when job conditions change.
Data engineers must file amended petitions when experiencing material changes to employment conditions per Matter of Simeio Solutions:
H-1B portability provisions under AC21 §105 allow data engineers to begin work with a new employer once a non-frivolous transfer petition is filed. Key considerations include:
For employers managing multiple foreign national employees, Alma's business immigration platform provides built-in compliance trackers, proactive alerts, and audit-ready records.
The H-1B visa provides a maximum 6-year work authorization per INA § 214(g)(4)—making green card planning essential for data engineers seeking permanent U.S. residence.
The EB-2 NIW pathway allows data engineers to self-petition without employer sponsorship if their work serves the national interest. Candidates must demonstrate substantial merit, national importance, and that they are well-positioned to advance their endeavor.
The traditional employer-sponsored route requires:
Data engineers with exceptional achievements—publications, patents, major awards—may qualify for EB-1A status, which offers faster processing and no labor certification requirement.
Data engineers can extend H-1B status past the 6-year limit under AC21 provisions if:
Alma offers employment-based green cards with flat-rate pricing: $10,000 for EB-1A/B/C and EB-2 NIW, with a reduced $7,000 rate for candidates with an approved O-1.
Yes, international students on F-1 STEM OPT status have 36 months of work authorization (12 months standard OPT + 24 months STEM extension), allowing participation in up to three H-1B lotteries. The STEM OPT extension requires an E-Verify enrolled employer and I-983 training plan. Data engineers should begin H-1B conversations with employers early in their OPT period to maximize lottery attempts.
If your employer terminates operations, you have a 60-day grace period (discretionary per 8 CFR 214.1(l)(2)) to find a new sponsor, file for change of status to another visa category, or depart the U.S. The grace period begins on the date of termination. Priority actions include contacting a new potential employer immediately and considering premium processing for transfer petitions to minimize gaps in employment authorization.
Consulting firms face heightened USCIS scrutiny regarding specialty occupation requirements and employer-employee relationships. Successful petitions typically require confirmed end-client engagements, detailed client letters of support, and specific worksite documentation. Direct employment with technology companies generally presents fewer adjudication challenges and higher approval rates.
Remote work introduces complexity for H-1B status maintenance because employers must file LCAs for each worksite location where the data engineer will work—including home addresses if working remotely. Relocating to a different Metropolitan Statistical Area without an amended petition constitutes a compliance violation that could jeopardize visa status. Always notify your employer before changing your work location.
The O-1A visa for extraordinary ability offers an uncapped pathway without lottery participation. Data engineers can qualify by meeting 3 of 8 criteria, including publications, original contributions of major significance, or high salary. While the evidentiary burden is substantial, data engineers with strong publication records, patents, or industry recognition should evaluate this option—especially given the $100,000 H-1B fee for new petitions requiring consular processing.
