To bring your newly discovered top computer engineer from India onto your team, your company must act as the sponsor for an H-1B visa, as employees cannot sponsor themselves. This specialty occupation visa is designed exactly for scenarios like yours: when a U.S. employer requires highly specialized knowledge and a minimum of a bachelor’s degree for a professional role, such as a software or computer engineer. The process requires precise coordination between your company, the Department of Labor (DOL), and U.S. Citizenship and Immigration Services (USCIS).
H-1B Visa Sponsorship Fundamentals
Sponsoring a foreign worker involves taking on specific financial and compliance responsibilities. The H-1B process is strictly employer-driven. Your company must demonstrate that it is a bona fide U.S. employer capable of paying the offered wage and that the position genuinely requires a specialized degree. In 2026, the government filing fees for a mid-sized for-profit company total approximately $3,380, which includes a $780 base fee for the petition, training fees, and fraud prevention fees. Small employers with 25 or fewer full-time employees benefit from reduced fees.
Navigating the H-1B Lottery
Because demand for H-1B visas drastically exceeds the congressionally mandated annual cap of 85,000 (which includes 20,000 slots reserved for advanced degree holders), your company must first enter the candidate into the electronic lottery.
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Registration Window: The electronic registration period typically opens in March each year for employment starting on October 1 of the same year.
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Organizational Account: You will need to create a USCIS organizational account and pay a registration fee for your prospective employee.
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Selection Status: Selection in this lottery does not guarantee visa approval; it simply grants your company the right to proceed with filing the actual petition.
Labor Condition Application (LCA) Requirements
Once selected in the lottery, your next immediate step is to file a Labor Condition Application (Form ETA-9035) with the Department of Labor. This certification protects both your new hire and the domestic workforce.
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Wage Obligations: You must attest that you will pay your engineer the higher of the actual wage paid to similar employees at your company or the prevailing wage for computer engineers in your specific geographic area.
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Working Conditions: The employment must not adversely affect the working conditions of similarly employed U.S. workers.
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Workplace Notice: You are required to post a notice of your intent to hire an H-1B worker at your worksite for 10 consecutive days or electronically notify employees.
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Public Access File: Within one working day of filing the LCA, you must create a public access file containing wage data and benefits summaries, keeping it available for inspection.
Filing Form I-129 and Bringing Your Engineer Aboard
With an approved LCA in hand, your company will file Form I-129, Petition for a Nonimmigrant Worker, with USCIS.
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Petition Submission: You have a 90-day window starting April 1 to submit the I-129, the certified LCA, and evidence proving your candidate’s educational qualifications align with the job requirements.
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Consistency is Key: Ensure the job description, minimum requirements, and occupational codes align perfectly across the registration, the LCA, and Form I-129 to prevent rejection.
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Consular Processing: Because your engineer is currently in India, they will undergo consular processing. Upon I-129 approval, they will use the USCIS Notice of Action (Form I-797B) to apply for the physical H-1B visa stamp at a U.S. embassy or consulate in India before traveling.
Once your engineer secures their visa stamp and enters the U.S., they can begin working for your company on or after October 1. Have you considered whether you will eventually want to sponsor this engineer for a permanent employment-based green card down the line?