Clarifying the criteria and implications of H-1B dependent employer status.
In 2026, understanding what makes a company an H-1B dependent employer is crucial for both businesses and prospective H-1B employees. This page breaks down the specific thresholds and requirements set by the U.S. Department of Labor.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| H-1B Registrations (FY2027) | ~343,981 | ↓ 27% |
| Overall Selection Odds (FY2027) | 35.3% | ↑ 5% |
| PERM Processing Time (Avg) | 503 days | ↑ 30 days |
| PWD Processing Time (Avg) | 3-4 months | Stable |
| Top H-1B Filing Companies (Microsoft) | 34,626 filings | ↑ 9% |
| Cap-Exempt Employers Flagged (Wisa) | 10,140 | N/A |
Our analysis of DOL data shows that the definition of an H-1B dependent employer is a critical factor for many companies in 2026. The thresholds—7% H-1B workforce or fewer than 50 U.S. workers with 15%+ H-1B workers—mean that even companies with a moderate number of H-1B employees can fall into this category, triggering additional LCA requirements not present for non-dependent employers.
Regularly assess your company's H-1B workforce percentage against your total U.S. workforce. Using data from Get Wisa can help you proactively identify if you are approaching or have crossed the threshold for H-1B dependent employer status, allowing you to prepare for the additional LCA attestations and recruitment obligations.
In 2026, the classification of an employer as H-1B dependent carries significant weight. These employers face stricter requirements on their Labor Condition Application (LCA), including mandatory attestations that they have taken good faith steps to recruit U.S. workers for the position. This is in addition to the standard LCA requirements.
For F-1 OPT students considering a Change of Status, understanding an employer's dependent status is crucial. While the new Form I-129 (mandatory April 2026) doesn't change the definition of a dependent employer, it standardizes the filing process. The $100K fee is not applicable to COS filings, but the underlying dependent employer rules still apply, potentially influencing the employer's willingness or ability to sponsor.
Consider a tech company with 100 employees, 10 of whom are on H-1B visas. This company has 10% H-1B workers, making it an H-1B dependent employer under the 7% rule. They would need to include specific recruitment attestations on their LCAs for any new H-1B filings in 2026.
Alternatively, a smaller firm with 40 employees and 8 H-1B workers (20%) would also be classified as dependent. This highlights how different company sizes and H-1B workforce compositions can lead to the same classification, requiring careful monitoring of DOL data.
Q: What are the two main criteria for a company to be considered an H-1B dependent employer in 2026?
A: A company is dependent if it employs 7% or more H-1B workers, or if it has fewer than 50 U.S. workers and 15% or more H-1B workers.
Q: What are the additional LCA requirements for H-1B dependent employers?
A: Dependent employers must attest that they have taken good faith steps to recruit U.S. workers and that employing an H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Q: Does the new Form I-129 change the definition of an H-1B dependent employer?
A: No, the new Form I-129, mandatory April 2026, standardizes the petition process but does not alter the legal definition or criteria for H-1B dependent employers.
Q: How can I check if a company is an H-1B dependent employer?
A: Get Wisa analyzes DOL LCA data to help identify companies that meet the criteria for H-1B dependent employer status, providing insights for job seekers and employers.
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Search H-1B Sponsors on Wisa →A company is dependent if it employs 7% or more H-1B workers, or if it has fewer than 50 U.S. workers and 15% or more H-1B workers.
Dependent employers must attest that they have taken good faith steps to recruit U.S. workers and that employing an H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
No, the new Form I-129, mandatory April 2026, standardizes the petition process but does not alter the legal definition or criteria for H-1B dependent employers.
Get Wisa analyzes DOL data to help identify companies that meet the criteria for H-1B dependent employer status, providing insights for job seekers and employers.