USA software jobs guide · Reviewed September 16, 2026
Software engineering is one of the fields commonly associated with H-1B employment, but a software job does not automatically qualify for H-1B sponsorship. The job itself must meet the specialty-occupation rules, the worker must be qualified for that job, and the U.S. employer—not the worker—files the H-1B petition. This guide explains the process, current wage protections, the cap system, employer checks, and an important temporary H-1B restriction that is still in effect as of this review date.
1. H-1B software jobs: quick facts for 2026
H-1B is a temporary U.S. work classification for specialty occupations. Software and computer roles can qualify when the actual position requires the theoretical and practical application of highly specialized knowledge and normally requires a bachelor’s degree or higher in a directly related specific specialty, or its equivalent.
The job title alone is not enough. USCIS looks at the real duties, the employer, the educational requirement and the worker’s qualifications.
Start with the official H-1B rules
2. Does every software engineer job qualify as an H-1B specialty occupation?
No.
A software engineering position is more likely to fit the H-1B specialty-occupation framework when the employer can show that the job genuinely requires specialized knowledge and a directly related degree or equivalent level of preparation.
USCIS does not decide only from a title such as:
- Software Engineer;
- Programmer Analyst;
- Backend Developer;
- Cloud Engineer;
- Data Engineer;
- Systems Engineer.
The specific duties matter. A title can sound technical while the actual job does not meet the legal specialty-occupation test.
What the employer normally needs to show
USCIS Form I-129 instructions and H-1B guidance require evidence that can include:
- the position qualifies as a specialty occupation;
- the worker has the required U.S. degree or a qualifying foreign degree/equivalent education and experience;
- the employer has a real job available;
- the Labor Condition Application matches the position and work location;
- any required professional licence is held when the occupation requires one;
- the terms of employment are documented.
A bachelor’s degree by itself does not create H-1B eligibility.
The degree or equivalent preparation needs to relate to the specialty required by the actual job.
3. What qualifications can a software worker use?
Many software H-1B cases involve degrees such as computer science, software engineering, computer engineering or another field directly related to the job duties.
A foreign degree may need to be shown as equivalent to the required U.S. degree. In some cases, education and qualifying experience can be evaluated under the H-1B equivalency rules.
Do not buy a fake degree evaluation or change your work history to fit a vacancy. The employer’s petition and your immigration records must be consistent.
4. How the H-1B employer process works
The worker does not normally file an H-1B petition for themselves. A U.S. employer or qualifying agent is the petitioner.
A simplified employer process can look like this:
- Real job offer: the company identifies a genuine specialty-occupation position.
- Wage review: the employer determines the required wage for the occupation and work location.
- Labor Condition Application: the employer files an LCA with the U.S. Department of Labor.
- Cap registration when required: for a cap-subject case, the prospective petitioner completes the USCIS electronic registration process during the designated registration period.
- Selection when the cap is oversubscribed: a selected registration allows the petitioner to file the cap-subject Form I-129 petition during the allowed filing period.
- Form I-129: the employer submits the H-1B petition and supporting evidence to USCIS.
- After approval: a worker outside the United States may still need the appropriate visa and admission process before starting U.S. employment.
Some H-1B petitions are cap-exempt, so they do not follow the same annual cap registration process.
5. H-1B cap: 65,000 plus the U.S. master’s exemption
The H-1B law generally provides 65,000 regular cap numbers per fiscal year. An additional 20,000 numbers are available under the U.S. advanced-degree exemption for qualifying beneficiaries with a master’s degree or higher from an eligible U.S. institution.
When USCIS receives enough valid registrations for unique beneficiaries to meet the projected cap, it uses the registration selection process before employers can file the corresponding cap-subject petitions.
Who submits the registration?
The prospective U.S. employer or its authorised representative submits it. It is not a public lottery that a software engineer joins alone.
Current registration fee
USCIS’s current fee rule set the H-1B electronic registration fee at $215 per beneficiary registration. Employers should always check the latest USCIS fee page before the next cap season.
Selection is not visa approval.
A selected cap registration only allows the employer to file the cap-subject H-1B petition. USCIS still has to decide whether the petition meets the law.
6. Cap-exempt H-1B employers
Some H-1B petitions are not counted against the normal annual cap.
Common cap-exempt employer categories can include:
- institutions of higher education;
- certain related or affiliated nonprofit entities;
- nonprofit research organisations;
- governmental research organisations.
Current H-1B workers can also have certain extension, change-of-employer, amended-employment or concurrent-employment petitions that do not use a new cap number when the legal requirements are met.
If a recruiter says a private software company is “cap exempt”, ask what legal exemption they are relying on.
7. Important September 2026 update: temporary $100,000 H-1B restriction
This is a time-sensitive rule, so read the dates carefully.
On 19 September 2025, a presidential proclamation restricted the entry of certain H-1B workers unless the relevant petition is accompanied or supplemented by a $100,000 payment, subject to the proclamation’s exceptions.
USCIS issued implementation guidance stating that the restriction applies prospectively to H-1B employment petitions filed after 12:01 a.m. Eastern Time on 21 September 2025.
The USCIS memorandum also says the proclamation does not apply to people who:
- are beneficiaries of petitions filed before the effective date;
- are beneficiaries of currently approved petitions; or
- already hold validly issued H-1B visas.
The presidential proclamation says this restriction is scheduled to expire 12 months after 21 September 2025 unless it is extended or renewed. That means it is still relevant on this guide’s review date, 16 September 2026, but its status needs to be checked again after 21 September 2026.
Do not treat the $100,000 rule as a permanent H-1B filing fee.
It is a separate, time-limited entry restriction with exceptions and a stated expiration date. Employers and workers considering a new filing should recheck USCIS and current presidential guidance before acting.
Current official guidance
8. H-1B wage protection: the higher of actual or prevailing wage
The U.S. Department of Labor says an H-1B worker must be paid at least the higher of:
- the actual wage the employer pays similarly experienced and qualified workers for the specific job; or
- the prevailing wage for the occupational classification in the area of intended employment.
This means there is no one national “H-1B software engineer salary”. The required wage depends on the role, employer, experience and location.
A software position in San Francisco can have a different prevailing wage from a similar position in another metro area.
Check H-1B worker wage rights
9. The employer must give you a copy of the LCA
The Department of Labor says the H-1B employer must provide the H-1B worker with a copy of the Labor Condition Application.
The LCA contains important information about the occupation, wage and employment location.
Keep a copy. If the company tells you the salary or work location changed, compare the new arrangement with the employer’s immigration filings and seek qualified advice if necessary.
10. Who pays H-1B employer costs?
Department of Labor guidance says an H-1B employer may not require the worker to pay the USCIS H-1B petition filing fee. It also protects workers from being charged employer business expenses such as attorneys’ fees for preparing and filing the Labor Condition Application when those deductions would violate the H-1B rules.
The employer also cannot require an unlawful financial penalty simply because the H-1B worker leaves employment before a date in the contract.
Be careful if a recruiter sells you “H-1B sponsorship”.
A worker can have legitimate personal expenses, such as visa application or document costs in some situations, but paying an employer thousands of dollars just to buy a petition or job is a serious warning sign.
11. “Bench” time and nonproductive time
The Department of Labor says an H-1B worker generally must be paid for certain nonproductive time caused by the employer or lack of work, after the employer’s wage obligation begins.
An employer should not bring an H-1B software worker to the United States and then keep the worker unpaid simply because the company has not found a client project.
Different rules can apply when the worker voluntarily takes unpaid time for personal reasons or is unable to work for reasons unrelated to the employer.
12. How to check an H-1B employer
Before relying on a sponsorship claim, verify both the company and the immigration history.
Employer check
- Confirm the legal company name and U.S. address.
- Use the company’s official careers page, not only a social-media message.
- Check the recruiter uses a real corporate email domain.
- Search USCIS H-1B employer data when available.
- Ask what job, work location and wage will appear in the LCA.
- Ask whether the petition is cap subject or cap exempt.
- If cap subject, ask whether a valid USCIS registration was selected.
- Do not pay someone to invent experience or alter your degree.
- Read the employment agreement before resigning from your current job or relocating.
USCIS H-1B Employer Data Hub
USCIS created the H-1B Employer Data Hub to improve transparency. The data lets users search historical H-1B petition information by employer, fiscal year, city, state and other fields.
A company appearing in H-1B data does not guarantee it will sponsor you. It can help you check whether the employer has filed H-1B cases before.
Open the USCIS H-1B Employer Data Hub →
13. Where to look for U.S. software jobs that may sponsor
There is no official federal job board listing every H-1B software vacancy.
A practical search combines:
- large U.S. technology company career pages;
- university and research institution career pages for cap-exempt opportunities;
- established professional job boards;
- LinkedIn or similar professional networks, followed by independent employer verification;
- USCIS employer data to research companies with past H-1B filing activity.
Search for the job first, then verify the immigration route. Avoid assuming every job tagged “visa sponsorship” is H-1B-capable.
14. Questions to ask before accepting a software offer
Before you rely on H-1B sponsorship
- What is the exact job title and detailed duty description?
- What degree field does the employer say the role requires?
- Is the petition cap subject or cap exempt?
- If cap subject, has the required registration been selected?
- What is the worksite?
- What wage will be shown on the LCA?
- Is the position remote, hybrid or client-site based?
- Who pays each employer-side immigration fee?
- Does the current September 2025 proclamation affect this petition?
- What happens if the petition or visa is not approved?
15. Common H-1B software sponsorship scams
- “Pay $15,000 and we guarantee an H-1B.”
- “No real job is needed; we create one after approval.”
- “We can guarantee lottery selection.”
- “Send us fake experience letters so your degree matches.”
- “You will work unpaid until we find a client.”
- “We do not need an LCA.”
- “The job location and salary on the petition do not matter.”
- “The $100,000 restriction is your personal fee to pay the recruiter.”
A legitimate employer should be able to explain the real position, filing process, wage and work location without asking you to participate in false documentation.
16. Can software engineers use other U.S. work routes?
Sometimes. The correct route depends on the worker and employer.
Examples can include:
- L-1 for qualifying intracompany transfers where the person has worked abroad for the related organisation and meets the managerial, executive or specialised-knowledge rules;
- O-1 for people who can document extraordinary ability under that visa’s standards;
- employment-based immigrant pathways when the employer and worker qualify.
These are not automatic alternatives when H-1B does not work. Each route has separate legal requirements.
17. Keep the job and immigration paperwork consistent
Your resume, degree, experience letters, employment agreement, LCA, petition and later visa answers should tell the same truthful story.
Software workers sometimes have changing projects, client sites or remote-work arrangements. If the worksite or job materially changes, the employer should check whether additional immigration steps are required instead of simply moving the worker without review.
Frequently asked questions
Can I apply for H-1B by myself as a software engineer?
Normally no. A U.S. employer or qualifying U.S. agent files the H-1B petition on behalf of the worker.
Does every software engineering job qualify?
No. USCIS examines the actual duties and whether the position meets the specialty-occupation requirements, including the relevant degree or equivalent requirement.
How many H-1B cap numbers are available?
The regular annual cap is generally 65,000, with an additional 20,000 under the U.S. advanced-degree exemption.
What is the current H-1B registration fee?
The USCIS fee rule set the electronic registration fee at $215 per beneficiary registration.
Who pays the H-1B petition fee?
Department of Labor guidance says the H-1B employer may not require the worker to pay the USCIS petition filing fee. Other costs should be reviewed under the current USCIS and Department of Labor rules.
Is the $100,000 H-1B restriction permanent?
The September 2025 presidential proclamation says the restriction expires 12 months after its September 21, 2025 effective date unless extended or renewed. It is still relevant on September 16, 2026, so applicants should check official guidance again after September 21, 2026.
Can an employer pay less because I need sponsorship?
The H-1B wage rules require at least the higher of the employer’s actual wage for similarly qualified workers or the prevailing wage for the occupation and location.
Can a recruiter guarantee H-1B selection?
No. In a cap-subject season with more registrations than needed, USCIS controls the selection process. A recruiter cannot lawfully guarantee selection or petition approval.
Official sources used for this guide
- USCIS — H-1B Specialty Occupations
- USCIS — Form I-129 and filing information
- USCIS — H-1B Employer Data Hub
- U.S. Department of Labor — H-1B worker rights
- U.S. Department of Labor — Prevailing wages
- USCIS — September 2025 H-1B proclamation memo
Guide Travel note: This article was reviewed on September 16, 2026. H-1B policy is especially time-sensitive because the September 2025 entry restriction has a stated September 21, 2026 expiration unless extended or renewed. Recheck USCIS before any new filing after that date.
