The H-1B visa is the primary pathway for Machine Learning Engineers seeking to work in the United States—a specialty occupation visa that allows U.S. employers to hire foreign talent with specialized AI and data science expertise. With 442,000 registrations competing for just 85,000 available visas in FY2025, the selection rate was approximately 26% in the initial lottery (30% including second-round selections), making strategic planning essential for ML professionals. Alma's H-1B visa services help Machine Learning Engineers and their sponsoring employers build strong petitions with a 99%+ client approval rate and guaranteed 2-week document turnaround.
The H-1B is a non-immigrant work visa enabling U.S. companies to temporarily employ foreign Machine Learning Engineers for positions requiring theoretical and practical application of highly specialized knowledge. Machine Learning Engineers specifically qualify because their work involves advanced algorithms, neural network architecture, and AI systems development—tasks that inherently require advanced education and specialized training.
USCIS defines specialty occupations as positions requiring:
Machine Learning Engineers meet these criteria through their work in deep learning model optimization, transformer architectures, reinforcement learning systems, and NLP model development. The position requires proficiency in frameworks like TensorFlow, PyTorch, and Keras—skills typically acquired through advanced computer science or engineering education.
The H-1B offers several advantages for Machine Learning Engineers:
For STEM professionals with specialized ML expertise, the H-1B provides the legal framework to contribute to America's AI industry while building toward long-term immigration goals.
The annual H-1B cap creates one of the most competitive visa programs in the world. USCIS allocates 85,000 visas annually—65,000 for the regular cap plus 20,000 reserved for beneficiaries with U.S. advanced degrees (master's or higher).
The lottery process follows a strict timeline:
U.S. advanced degree holders receive a selection advantage—they're entered into both the advanced degree pool and the regular cap pool, effectively getting two chances at selection. For ML Engineers with U.S. master's degrees or PhDs, this meaningfully improves odds.
The wage-based weighted selection final rule, published December 29, 2025 and effective February 27, 2026, fundamentally changes the lottery for FY2027 and beyond:
What this means for ML Engineers: Machine Learning positions typically qualify at DOL wage Levels III-IV due to their specialized expertise requirements, giving ML professionals a significant competitive advantage under the new system. Employers offering competitive compensation now gain strategic benefit in the lottery.
Given the competitive selection rate, ML professionals should consider multiple approaches:
Meeting H-1B requirements involves demonstrating both the position's specialty nature and the candidate's qualifications to perform ML-specific work.
USCIS requires candidates to hold:
For ML Engineer positions, documentation should emphasize specialization in machine learning, neural networks, AI systems, or data science rather than general software development.
Important note on experience equivalency: The 3:1 rule is heavily scrutinized by USCIS. Experience must be progressively responsible, demonstrate theoretical and practical application of specialized knowledge, and ideally be gained while working alongside degreed professionals. Alma's attorneys specialize in building compelling experience-based cases that meet USCIS standards.
Strong petitions include evidence of specialized expertise:
Recent graduates transitioning from F-1 to H-1B should highlight academic projects, research assistantships, and OPT employment involving machine learning work.
The H-1B filing process involves multiple government agencies and strict deadlines. Understanding each step helps avoid costly delays.
Step 1: Labor Condition Application (LCA) — 7 working days The employer files Form ETA-9035 with the Department of Labor, attesting to:
Step 2: H-1B Registration (Cap-Subject Only) — March Employers submit electronic registration during the March filing window and await lottery results.
Step 3: I-129 Petition Filing — 90 days from selection Selected employers submit complete petitions including:
Step 4: USCIS Adjudication — 2-6 months (or 15 calendar days with premium processing) USCIS reviews the petition and issues approval, denial, or a Request for Evidence (RFE).
Processing times vary by service center and should be verified at egov.uscis.gov/processing-times:
For candidates outside the U.S., consular processing follows approval—requiring a DS-160 application, $205 petition-based visa fee, and embassy interview. Alma's individual services provide full transparency throughout this process with real-time case tracking.
Presidential Proclamation 10973, signed September 19, 2025 and effective September 21, 2025, requires a $100,000 fee for certain new H-1B petitions filed for beneficiaries outside the United States who do not hold a valid H-1B visa.
The fee applies to:
Duration: Through September 21, 2026 (unless extended or modified)
Strategic implication for ML Engineers: Candidates currently in the U.S. on F-1 OPT or other valid status should prioritize change-of-status filings to avoid this substantial fee. Alma's attorneys can help structure your petition to qualify for available exemptions.
Understanding the full cost structure helps employers and employees plan effectively for H-1B sponsorship.
Government fees for H-1B petitions include the H-1B Registration fee of $215 per lottery entry for cap-subject petitions, a Base Filing Fee (I-129) ranging from $460-$780 depending on employer type ($460 for small employers and nonprofits; $780 standard), and the ACWIA Training Fee of $750-$1,500 based on employer size ($750 for employers with 25 or fewer employees; $1,500 for those with 26 or more). All H-1B petitions require a Fraud Prevention Fee of $500 and an Asylum Program Fee of $300-$600 ($300 for employers with 25 or fewer employees; $600 for larger employers), both effective under the April 2024 USCIS fee schedule. Optional Premium Processing costs $2,965 premium (effective March 1, 2026) for 15 business-day adjudication, and if applicable, the Presidential Proclamation Fee of $100,000 applies to certain new petitions for beneficiaries outside the U.S. as of September 2025.
Alma's transparent pricing includes:
These fees cover attorney services, paralegal support, platform access, and administrative charges. For businesses managing multiple cases, Alma's business platform provides scalable workflows with volume discounts.
Total H-1B costs typically range from:
These estimates combine government fees and legal services, though actual costs may vary based on petition complexity and employer circumstances.
The U.S. remains the global epicenter for AI and machine learning development, with demand for ML talent continuing to surge across industries.
Machine Learning Engineers find opportunities across multiple sectors:
Employers sponsoring H-1B petitions prioritize candidates with:
H-1B regulations require employers to pay at least the prevailing wage for the position and geographic area. For ML Engineers, this typically means competitive compensation.
The median H-1B wage for ML-related positions reaches approximately $118,000 (FY2023 data), with significant variation based on:
DOL assigns wage levels based on position complexity:
Most ML Engineer positions qualify at Level III or IV due to the specialized expertise required, resulting in higher wages—and under the new weighted selection system, significantly better lottery odds.
The H-1B program has undergone significant regulatory changes that directly impact ML professionals filing in 2026 and beyond.
Key changes affecting current and upcoming filings:
The wage-based selection system significantly benefits ML Engineers:
Alma's platform includes built-in trackers and proactive alerts to keep businesses informed on evolving immigration policy.
When H-1B isn't viable—whether due to lottery non-selection or timeline constraints—alternative pathways exist for qualified ML professionals.
The O-1A visa offers significant advantages:
O-1A approvals have grown significantly, with approximately 9,500 approvals in FY2023 at a 92% approval rate. ML professionals with publications, patents, speaking engagements, awards, or recognition as field leaders should consider this pathway. Alma's O-1A specialists have helped hundreds of ML engineers qualify through their research contributions and industry impact.
For long-term U.S. residence, employment-based green cards provide permanent solutions:
Alma's employment-based green cards help ML professionals evaluate which pathway best fits their qualifications and timeline.
Securing employer sponsorship remains the essential first step for any H-1B application.
Top H-1B sponsors for machine learning positions include:
Many startups also sponsor H-1B visas, particularly those backed by immigration-friendly VCs like Y Combinator and Techstars.
Maximize your chances of finding a sponsor:
For candidates currently on OPT, the F-1 to H-1B transition represents a cost-effective pathway, with dual lottery entry if you have a U.S. master's degree.
Navigating the H-1B process—especially with 2025-2026's regulatory changes—requires expert guidance. Alma combines attorney expertise with technology-enabled efficiency:
Whether you're an ML Engineer seeking your first H-1B or an employer building an AI team, Alma's platform streamlines the process while maximizing approval odds.
Yes, H-1B allows concurrent employment with multiple U.S. employers, but each employer must file a separate H-1B petition on your behalf. Each petition requires its own LCA, filing fees, and approval. Many ML consultants and researchers use this provision to work part-time for universities (cap-exempt) while maintaining corporate employment.
Upon termination, you enter a 60-day grace period (or until your authorized validity period ends, whichever is shorter) to find a new employer to sponsor an H-1B transfer, change to another valid status (such as B-2 visitor), or depart the United States. Important: During this grace period, you may not work unless otherwise authorized. Starting the transfer petition before formal termination allows you to continue working legally while the new petition processes. H-1B transfers typically cost $3,000-$5,000 in legal fees plus government filing fees.
The standard 6-year H-1B maximum can be extended in one-year or three-year increments if you have a pending or approved I-140 (immigrant petition) or have been waiting more than 365 days for a green card due to visa backlogs. For ML Engineers from India or China facing multi-year green card queues, these extensions effectively allow indefinite H-1B status while waiting. This makes starting the green card process early—ideally during your first H-1B year—strategically important.
While H-1B selection is nationality-neutral, administrative processing delays disproportionately affect applicants from certain countries during consular visa interviews. ML professionals from countries with active technology transfer concerns may face extended security reviews lasting weeks to months. Additionally, per-country green card limits create dramatically different wait times—Indian and Chinese nationals face multi-decade EB-2/EB-3 backlogs while other nationalities often receive green cards within 1-2 years.
Yes, startups can sponsor H-1B petitions regardless of prior immigration experience, though first-time filers face additional documentation requirements. USCIS scrutinizes new companies' ability to pay the prevailing wage, requiring evidence such as audited financials, bank statements, and funding documentation. Working with experienced immigration counsel significantly improves approval odds for first-time sponsors, and Alma's startup services specifically support companies with 1-25 foreign nationals through this process.
The wage-based weighted selection system, effective February 27, 2026 for the FY2027 cap season, significantly advantages ML Engineers. Since ML positions typically command Level III-IV wages due to their specialized nature, ML candidates will receive 3-4x the lottery entries compared to lower-wage positions. This represents a major shift favoring specialized technical talent over entry-level positions.
The Presidential Proclamation 10973 fee applies to new H-1B petitions for beneficiaries located outside the U.S. who don't currently hold a valid H-1B visa. If you're already in the U.S. on F-1 OPT or another valid status and filing for change of status, you're likely exempt. Alma's attorneys can evaluate your specific situation and structure your petition to avoid this fee where possible.
