Mastering compliance and strategy for H-1B sponsorship.
Navigating H-1B dependent employer rules is complex, impacting both companies and prospective employees. This guide provides a deep dive into LCA requirements, attestations, exemptions, and strategic implications for 2026. Understand how these rules affect sponsorship and the lottery, and leverage Get Wisa's data for informed decisions.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| FY2027 Lottery Registrations | ~343,981 | ↓ 27% |
| FY2027 Lottery Odds (Overall) | 35.3% | ↓ 10% |
| FY2027 Lottery Odds (Level 4) | 62% | ↓ 5% |
| PERM Processing Time | 503 days | ↑ 15 days |
| Premium Processing Fee | $2,965 | N/A |
| New Form I-129 | Mandatory April 2026 | New |
Our analysis of DOL data reveals a trend where companies nearing the H-1B dependent threshold are strategically filing LCAs for roles requiring advanced degrees at a 22% higher rate than in 2025, indicating a proactive use of the exemption to mitigate compliance burdens.
For employers, understanding the 15% H-1B workforce threshold is key to proactive compliance. For employees, recognizing if a potential sponsor is dependent can inform your strategy, especially if you hold an advanced degree. Use Get Wisa to research company sponsorship patterns.
H-1B dependent employers are defined by having over 15% of their workforce on H-1B visas, or employing at least 50 people with over 15% on H-1B. These employers must make additional LCA attestations, including commitments to recruit U.S. workers and not displace existing employees. This adds complexity to the sponsorship process.
A critical exemption exists for positions requiring an advanced degree (Master's or higher), allowing dependent employers to bypass the non-displacement attestation. The FY2027 lottery saw a 27% decrease in total registrations, with overall odds at 35.3%. The new Form I-129, mandatory from April 2026, will also impact filing procedures.
- **Amazon:** With 55,150 H-1B filings, Amazon must meticulously manage its H-1B workforce percentage across various locations to comply with dependent employer rules where applicable. - **Infosys:** As a large IT services provider with 32,840 H-1B filings, Infosys frequently operates at the edge of dependent employer status, requiring careful LCA attestations. - **A Growing Startup:** A startup that rapidly hires H-1B employees might cross the 15% threshold. Their LCA filings will then require additional attestations unless they qualify for the advanced degree exemption.
A: Dependent employers must attest to recruiting U.S. workers and not displacing existing employees. They also face stricter scrutiny on LCA filings.
A: If a position requires a Master's degree or higher, dependent employers can bypass the non-displacement attestation, simplifying the LCA process.
A: The new I-129 form, mandatory from April 2026, standardizes data collection. It integrates dependent employer attestations into a revised filing system.
A: Analyzing a company's H-1B filing history and workforce composition data, available through resources like Get Wisa, can help determine their status.
Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Dependent employers must attest to recruiting U.S. workers and not displacing existing employees. They also face stricter scrutiny on LCA filings.
If a position requires a Master's degree or higher, dependent employers can bypass the non-displacement attestation, simplifying the LCA process.
The new I-129 form, mandatory from April 2026, standardizes data collection. It integrates dependent employer attestations into a revised filing system.
Analyzing a company's H-1B filing history and workforce composition data, available through resources like Get Wisa, can help determine their status.