Clarifying the criteria and implications for H-1B sponsorship.
For employers considering H-1B sponsorship in FY2027, understanding the definition of an H-1B dependent employer is paramount. This page details the U.S. Department of Labor regulations that classify employers as dependent and the significant implications for LCA filings and recruitment.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| Verified Sponsors in Wisa DB | 45,000+ | [N/A] |
| H-1B Filing Records (Wisa DB) | 323,617 | [N/A] |
| FY2027 Lottery Registrations | ~343,981 | ↓ 27% |
| Amazon H-1B Filings | 55,150 | [N/A] |
| Microsoft H-1B Filings | 34,626 | [N/A] |
| New Form I-129 Mandatory | April 2026 | New Requirement |
The definition of an H-1B dependent employer is not merely a threshold; it fundamentally alters recruitment and LCA attestations. Our data shows that employers with over 15% of their workforce on H-1B or LCA are classified as dependent, facing stricter rules than the 45,000+ sponsors in our database.
Regularly audit your workforce composition. Understanding if you meet the 15% threshold for H-1B/LCA employees is crucial. This proactive approach ensures you are prepared for the stricter LCA attestations required for dependent employers, avoiding potential delays or rejections.
For FY2027, the criteria for an H-1B dependent employer remain a critical factor in the H-1B sponsorship process. An employer is classified as dependent if they employ more than 15% of their total U.S. workforce in H-1B or LCA positions. This classification triggers specific LCA attestations, including prohibitions against displacing U.S. workers and requirements to recruit U.S. workers using the same procedures.
The ~343,981 registrations in the FY2027 lottery highlight the competitive landscape. Employers classified as dependent must navigate these rules carefully, as any misstep in LCA attestations can lead to petition denial. Companies like Amazon (55,150 filings) and Microsoft (34,626 filings) must manage their workforce composition to ensure compliance across all their sponsored employees.
- A tech consulting firm with 100 U.S. workers and 20 H-1B employees would be classified as dependent (20% H-1B workforce). This triggers stricter LCA requirements for new hires. - A large IT services company with 50,000 U.S. workers and 5,000 H-1B employees would NOT be dependent (10% H-1B workforce). - A mid-sized software company with 50 U.S. workers and 10 H-1B employees would be borderline (20% H-1B workforce), requiring careful monitoring of workforce changes.
What is the primary threshold for H-1B dependency?
An employer is considered H-1B dependent if more than 15% of their total U.S. workforce consists of H-1B or LCA employees.
What are the implications of being an H-1B dependent employer?
Dependent employers face stricter LCA attestations, including prohibitions on displacing U.S. workers and requirements for additional recruitment efforts.
Does the number of H-1B filings affect dependency status?
Not directly. Dependency is determined by the ratio of H-1B/LCA employees to the total U.S. workforce, not the absolute number of filings.
How does the new Form I-129 impact dependent employers?
The new Form I-129, mandatory from April 2026, standardizes H-1B filings. Dependent employers must ensure all required attestations are accurately reflected on this new form.
Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →An employer is considered H-1B dependent if more than 15% of their total U.S. workforce consists of H-1B or LCA employees.
Dependent employers face stricter LCA attestations, including prohibitions on displacing U.S. workers and requirements for additional recruitment efforts.
Not directly. Dependency is determined by the ratio of H-1B/LCA employees to the total U.S. workforce, not the absolute number of filings.
The new Form I-129, mandatory from April 2026, standardizes H-1B filings. Dependent employers must ensure all required attestations are accurately reflected on this new form.