The H-1B visa has long been the primary pathway for software engineers seeking U.S. employment. With only a 35.3% lottery selection rate, understanding the complete landscape—including alternatives like the O-1 visa that bypasses lottery restrictions—is essential for tech professionals. At Alma, our personalized immigration support helps software engineers secure the right visa path with speed and confidence.
The H-1B is a nonimmigrant work visa allowing U.S. companies to temporarily employ foreign workers, such as software engineers in specialty occupations requiring specialized knowledge typically acquired through a bachelor's degree. It's employer-sponsored, meaning individuals cannot self-petition.
USCIS requires that the role demand theoretical and practical application of specialized computer science knowledge. Common qualifying positions include:
Red flags that trigger Requests for Evidence (RFEs) include generic "programmer" titles, Level I wages, and unclear job duties, making detailed job descriptions essential.
Software engineers must meet specific qualifications:
The process spans approximately six months from March lottery registration to October 1 employment start date. Understanding each phase helps software engineers and employers plan effectively.
Step 1: Lottery Registration (March) Employers create a myUSCIS account and submit electronic registration at $215 per candidate during a 14-day window. The beneficiary-centric system prevents duplicate registrations across multiple employers.
Step 2: Labor Condition Application (If Selected) Employers file an LCA with the Department of Labor, attesting to wage and working condition protections. This typically takes 7-10 business days and must be completed before the I-129 filing.
Step 3: Form I-129 Petition Filing The complete petition package includes:
Step 4: USCIS Adjudication Standard processing takes 3-6 months. Premium processing costs $2,805 for a 15 business day decision guarantee.
Step 5: Visa Stamping (Applicants Outside U.S.) Beneficiaries schedule interviews at U.S. Embassy/Consulate in their home country. Administrative processing, if triggered, adds 60-90 additional days.
The lottery system determines which petitions USCIS will review—a critical bottleneck for software engineers seeking H-1B status.
USCIS received 336,153 registrations for FY2026, selecting only 118,660—a 35.3% success rate. The process runs in two rounds:
Software engineers can strategically improve their chances:
Understanding the complete cost structure is essential for both employers and software engineers planning H-1B sponsorship.
For small employers with 25 or fewer employees, the total government fees amount to $2,225, which includes the $215 lottery registration fee, $460 Form I-129 filing fee, $300 Asylum Program fee, $500 Fraud Prevention fee, and $750 ACWIA Training fee. For large employers with 26 or more employees, the total rises to $3,595, reflecting a higher Form I-129 filing fee of $780, a $600 Asylum Program fee, and a $1,500 ACWIA Training fee, while the lottery registration and Fraud Prevention fees remain unchanged at $215 and $500 respectively. Both employer sizes can add optional premium processing for $2,805, and attorney fees typically range from $3,000 to $8,000 regardless of company size.
Important note: An additional $100,000 fee applies to H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the U.S. who don't have a valid H-1B visa stamp.
At Alma, our transparent pricing offers H-1B Cap/Cap-Exempt services at $3,500, with extensions and amendments at $3,000—all including administrative charges and platform access.
H-1B extensions for years 4-6 cost $1,740-$3,110 in government fees (depending on employer size), making long-term employment economically sustainable once initial sponsorship is complete.
Policy shifts continue to reshape the H-1B landscape for tech professionals.
USCIS published the final rule on December 29, 2025, implementing a wage-based lottery system effective February 27, 2026 for FY2027 registrations. The new system weights lottery entries by wage level:
This change favors higher-paid positions ($150K+) over entry-level roles ($60K-80K), shifting sponsorship toward senior software engineers.
Given lottery uncertainty, software engineers should evaluate alternatives that may offer better paths to U.S. employment.
The O-1 visa suits software engineers in the top 10% of their field. Key advantages include:
Qualification requires meeting 3 of 8 criteria, including awards, publications, original contributions, high salary ($200K+), or critical roles at distinguished organizations. Alma's O-1A visa guide helps engineers assess their eligibility.
For software engineers at multinational companies, the L-1 offers guaranteed approval without lottery:
Canadian and Mexican software engineers benefit from the simplest work visa path:
Important qualification note: "Software Engineer" is not directly listed on the USMCA professions list. Canadian and Mexican software engineers typically qualify under "Computer Systems Analyst," which requires a bachelor's degree or diploma plus 3 years of experience.
Software engineers with advanced degrees can self-petition for permanent residency without employer sponsorship. This path works best for engineers whose work has national importance—AI research, cybersecurity, or critical infrastructure. Alma's EB-2 NIW guide outlines the qualification criteria and process.
Understanding the employer's perspective helps software engineers identify willing sponsors and set realistic expectations.
Employers reserve sponsorship for:
Major tech companies continue sponsoring at scale for roles with competitive salaries ranging from $120K-$180K+.
Sponsoring companies must:
For companies managing multiple foreign national cases, Alma's business immigration platform provides compliance tracking, real-time dashboards, and automated alerts.
The H-1B allows "dual intent," meaning holders can pursue permanent residency while maintaining temporary status.
Wait times vary dramatically by country of birth: for India, EB-2 visa numbers are backed up to July 15, 2013 priority dates—over a 12-year wait; for China, the wait extends to September 1, 2021 priority dates for EB-2; and for most other countries, dates are current with no significant wait.
Software engineers from India and China should start green card processes immediately upon H-1B approval to minimize total wait time.
Career mobility doesn't end once you obtain H-1B status. Understanding post-approval options helps software engineers maximize their opportunities.
H-1B visas allow an initial 3-year validity, extendable to 6 years total. Beyond 6 years, extensions are possible if:
H-1B portability allows employment with a new sponsor once they file a petition—no need to wait for approval. Software engineers can:
File an H-1B amendment before:
At Alma, H-1B Extension/Change of Employer/Amendment services cost $3,000, providing continuous legal support as your career evolves.
If USCIS denies your petition, you have several options depending on timing and circumstances. You can file a motion to reopen or reconsider within 30 days, providing additional evidence or legal arguments, or your employer can file a new petition addressing the denial reasons. If you're currently in the U.S. on another valid status (like F-1 OPT), you maintain that status, but if your only status was the pending H-1B, you typically have 60 days to depart or change to another valid status. Many denials relate to specialty occupation challenges or employer-employee relationship concerns that experienced immigration attorneys can often address in subsequent filings.
Self-employment on an H-1B is technically possible but extremely difficult because USCIS requires a clear employer-employee relationship with the right to control when, where, and how work is performed. Self-employed individuals owning 50%+ of their company face intense scrutiny because they effectively control themselves, requiring demonstration that the company directs your work, an independent board makes employment decisions, and traditional employment characteristics exist. Most self-employed software engineers find the O-1 visa more appropriate, as it allows working for multiple clients simultaneously without the same employer-employee relationship requirements.
H-1B portability provides significant job mobility—once a new employer files an H-1B transfer petition, you can begin working immediately upon receiving the receipt notice without waiting for approval. Your new employer takes over sponsorship responsibility, and you maintain valid status throughout adjudication, though if the transfer petition is denied while pending, you lose status. Many software engineers change employers multiple times during their H-1B period, building careers while maintaining continuous lawful status.
Yes, software engineers working for universities, nonprofit research organizations, or government research institutions can obtain H-1B status without entering the lottery. Cap-exempt employers can file petitions year-round, not just during the annual lottery window, making academic research positions, university IT departments, and nonprofit tech roles attractive stepping stones. Some engineers accept cap-exempt positions specifically to secure H-1B status, then transfer to private-sector employers later, though the transfer becomes cap-subject if moving to a for-profit company without prior cap-subject approval.
Employers must pay at least the DOL prevailing wage for your occupation and geographic area. For software developers, this typically ranges from $80,000-$120,000 for Level I-II positions in major tech hubs, up to $150,000-$200,000 for Level III-IV senior roles. You can check exact prevailing wages for your target location using the DOL's Foreign Labor Application Gateway wage search tool before negotiating offers.
