The H-1B is the default path — and the lottery is the bottleneck
The H-1B visa is the most common work visa for software engineers in the United States, but the annual cap creates a lottery: 85,000 visas (65,000 regular + 20,000 advanced-degree) against ~470,000 registrations in the most recent cycle. That’s roughly 18% selection odds.
For SF startups racing to ship product, that lottery is a real problem. We work the angles that don’t depend on luck.
Three real paths beyond the lottery
1. Cap-exempt H-1B (the underused option)
Universities, affiliated nonprofits, and qualifying research organizations sponsor H-1Bs outside the cap. Your engineer can work full-time at the university and part-time at the startup under what’s called concurrent employment.
This is unglamorous but it works. Stanford, UCSF, and a handful of nonprofit labs have spun up formal channels precisely for this.
2. O-1A while waiting
If your engineer has any of the following — peer-reviewed papers, GitHub repos with significant adoption, conference talks, press, or roles at high-profile companies — the O-1A is often within reach. No lottery, no cap, faster decision.
We help build the case from the artifacts they already have.
3. Bridge from F-1 OPT or STEM OPT
If they’re a recent U.S. graduate, the F-1 OPT gives 12 months of work eligibility, and STEM degrees stretch that to 36 months. You can sponsor the H-1B during that window, and even if the lottery fails twice, there’s still time.
What we handle for SF startups
A typical engagement covers:
- Strategy call with founders and the engineer to map real options
- H-1B registration before the March deadline
- Parallel cap-exempt or O-1A track as backup
- LCA filing for the prevailing wage at the chosen location
- Petition preparation with full evidence package
- Premium processing when timing matters (15-day decision)
Costs at a glance
| Item | Amount |
|---|---|
| USCIS H-1B filing fee | $780 |
| Anti-fraud + ACWIA fees | $500 + $750–$1,500 |
| Premium processing (optional) | $2,805 |
| Asylum program fee | $600 |
| Government total | ~$2,630–$5,435 |
Our flat-fee preparation is disclosed upfront. No hourly billing.
Common pitfalls we see at SF startups
- Job description too generic — needs to clearly map to a “specialty occupation” with a bachelor’s degree requirement in a specific field.
- Underpaying prevailing wage — the DOL wage levels in SF are high. Trying to file at Level 1 for a senior engineer triggers Requests for Evidence.
- Late paperwork — registration window closes early March every year. Missing it costs an entire year.
- No backup plan — relying solely on the H-1B lottery is asking to lose your hire 4 out of 5 years.
What happens if not selected
- Your engineer can continue on F-1 OPT, L-1 (if applicable), or O-1A.
- You can re-register the next March.
- The cap-exempt route via a university partnership stays available year-round.
- We map all three before the lottery so you’re not improvising in April.