Overview
Visa sponsorship is the legal process by which a US employer supports a foreign national's application for a work visa. For engineering roles, this typically means H-1B (specialty occupation), L-1 (intracompany transfer), O-1 (extraordinary ability), or TN (USMCA professionals).
Sponsorship is an investment: $10-15K in legal fees, months of preparation, and no guarantee of approval (H-1B has a lottery). But it opens access to a massive talent pool—international students at US universities, experienced engineers abroad, and candidates already in the US on other visas.
For hiring, the key decision is whether you'll sponsor. If yes, build infrastructure: immigration counsel, clear internal processes, and transparent communication with candidates. If no, be upfront in job postings. Nothing damages trust faster than stringing along a candidate who needs sponsorship.
Types of Work Visas for Engineers
Understanding visa options helps you match candidates to the right pathway. Each visa has different requirements, timelines, and success rates.
H-1B: The Standard Path
What it is: Specialty occupation visa for workers in jobs requiring at least a bachelor's degree in a related field.
Key facts:
- Annual cap: 65,000 regular + 20,000 for US master's degree holders
- Lottery system when applications exceed cap (typically 3:1 odds)
- Initial 3-year term, extendable to 6 years
- Registration period: Early March
- Start date: October 1 (next fiscal year)
Costs (typical):
| Item | Cost Range |
|---|---|
| Attorney fees | $3,000-5,000 |
| Filing fees | $2,000-4,000 |
| Premium processing (optional) | $2,805 |
| Total | $7,000-12,000+ |
Best for: Entry to mid-level engineers, new graduates, candidates without extraordinary credentials.
L-1: Intracompany Transfer
What it is: For employees transferring from a foreign office of the same company to a US office.
Key facts:
- No annual cap (no lottery)
- Requires 1 year of employment at foreign entity in past 3 years
- L-1A (managers): 7 years max
- L-1B (specialized knowledge): 5 years max
- Processing: 3-6 months standard, 15 days premium
Costs: $5,000-10,000 typical
Best for: Companies with international offices hiring from their global workforce.
O-1: Extraordinary Ability
What it is: For individuals with extraordinary ability or achievement in their field.
Key facts:
- No annual cap (no lottery)
- Requires evidence of sustained acclaim
- Initial 3-year term, renewable
- Higher bar: published work, patents, significant contributions, high salary, awards
Costs: $5,000-15,000 (more documentation)
Best for: Senior engineers, published researchers, open-source maintainers with significant recognition, startup founders.
TN: USMCA Professionals
What it is: For Canadian and Mexican citizens in specific professional occupations.
Key facts:
- No cap, no lottery
- Engineers and computer systems analysts qualify
- Can apply at border (Canada) or consulate (Mexico)
- 3-year increments, renewable indefinitely
- Fastest and cheapest option
Costs: $500-2,000 typical
Best for: Canadian and Mexican engineers—streamlined process makes this the easiest visa category.
Costs and Timeline Reality
True Cost Breakdown
Beyond legal fees, factor in hidden costs:
| Cost Category | Amount | Notes |
|---|---|---|
| Legal fees | $5,000-15,000 | Per visa, varies by complexity |
| Premium processing | $2,805 | Optional but often necessary |
| HR/admin time | 20-40 hours | Gathering documents, coordination |
| Relocation (if applicable) | $5,000-15,000 | Moving, temporary housing |
| Candidate waiting time | 6-18 months | Opportunity cost |
| Lottery loss (H-1B) | ~$3,000 | Sunk cost if not selected |
Total realistic budget: $15,000-30,000 per successful hire
Timeline Expectations
H-1B (lottery-based):
- March: Lottery registration
- Late March: Selection notification
- April-September: Petition filing and processing
- October 1: Earliest start date
- Total: 6-7 months best case, 18+ months if lottery miss
L-1 and O-1:
- 3-6 months standard processing
- 15 business days with premium processing
- Total: 1-6 months depending on urgency
TN:
- Can be same-day at border
- 1-2 weeks with consular processing
- Total: Days to weeks
What Candidates Experience
The timeline creates real stress for candidates:
- Uncertainty: H-1B lottery means ~30% chance of selection
- Career limbo: 6+ months waiting, potentially losing other offers
- Financial pressure: May be on OPT with limited runway
- Life planning: Can't commit to apartments, relationships, major purchases
What Candidates Need to Know
Information Candidates Want
Be prepared to answer these questions clearly:
About your process:
- Do you sponsor H-1B, O-1, or both?
- Do you use premium processing?
- What's your lottery backup plan?
- How many candidates have you sponsored before?
About timing:
- Can I start on OPT while H-1B is pending?
- What happens if I don't get selected in lottery?
- Will you try again next year?
- Can I work on STEM OPT extension?
About their role:
- Is this role eligible for sponsorship?
- Is the job title appropriate for H-1B?
- What prevailing wage level will you file at?
- Will you transfer H-1B if I'm already on one?
OPT and STEM OPT
Many international candidates are already in the US on student visas with Optional Practical Training (OPT):
Standard OPT: 12 months of work authorization after graduation
STEM OPT Extension: Additional 24 months for STEM degrees
This gives you 36 months to work with a candidate while pursuing H-1B—potentially 3 lottery attempts.
Building a Visa-Friendly Hiring Process
Before Recruiting
1. Make the sponsorship decision
- Will you sponsor? For what roles?
- What visa types?
- Budget and capacity?
2. Choose immigration counsel
- Specialize in employment-based immigration
- Tech company experience
- Responsive communication
3. Document your process
- Internal FAQ for recruiters
- Timeline templates
- Decision criteria
During Recruiting
1. State your policy clearly
- In job postings: "Visa sponsorship available" or "Unable to sponsor"
- Don't leave it ambiguous
- Update ATS filters accordingly
2. Ask about status appropriately
- Legal to ask: "Are you authorized to work in the US?"
- Legal to ask: "Will you require sponsorship now or in the future?"
- Ask everyone the same questions
- Don't ask about specific visa type or nationality
3. Set expectations early
- First screen: Confirm sponsorship availability
- Explain your process and timeline
- Be honest about lottery odds
After Offer Acceptance
1. Start immediately
- Connect candidate with immigration counsel
- Begin document collection
- File H-1B registration in March if timing works
2. Communicate proactively
- Regular updates on status
- Clear timeline milestones
- Backup planning for lottery
3. Support the candidate
- Explain each step
- Help with document gathering
- Be responsive to questions
Handling the H-1B Lottery
Pre-Lottery Strategy
Maximize selection chances:
- File on time (March registration window)
- Consider multiple-degree holders (advanced degree cap has separate lottery)
- Have backup candidates if possible
Prepare for outcomes:
- Selected: Begin petition process immediately
- Not selected: Have honest conversation about alternatives
If Not Selected
Options to discuss with candidate:
- Try again next year (if on OPT with time remaining)
- Explore O-1 if candidate has strong credentials
- Consider remote work from Canada/Mexico with TN potential
- Cap-exempt employer (universities, nonprofits) as stepping stone
- Part ways professionally if no path forward
Key: Communicate quickly and honestly. Candidates appreciate directness over ambiguity.
Common Mistakes to Avoid
1. Unclear Job Postings
Problem: "Visa sponsorship not available at this time" or no mention at all.
Impact: Wastes candidate time, damages employer brand, may lose qualified applicants who could have been sponsored.
Fix: State clearly: "Visa sponsorship available for qualified candidates" or "Must be authorized to work in the US without sponsorship."
2. Starting Too Late
Problem: Making an offer in January for an October H-1B start.
Impact: Miss registration window, lose 18+ months.
Fix: Align hiring timeline with H-1B calendar. Q3-Q4 hires should plan for following year's lottery.
3. Underestimating Costs
Problem: Budgeting only for legal fees.
Impact: Sticker shock, delayed processing, poor candidate experience.
Fix: Budget $15-30K total per sponsored hire including all costs.
4. Ignoring Prevailing Wage
Problem: Offering below prevailing wage for H-1B category.
Impact: Petition denial, compliance issues.
Fix: Understand prevailing wage levels (1-4) and ensure offers meet requirements.
5. Poor Communication
Problem: Leaving candidates in the dark during long processes.
Impact: Anxiety, lost trust, candidate withdrawal.
Fix: Regular updates, even if just "no news yet." Set communication cadence.
6. No Backup Plan
Problem: No strategy if H-1B lottery fails.
Impact: Lost investment, disappointed candidate, relationship damage.
Fix: Discuss alternatives upfront: O-1 consideration, cap-exempt options, remote arrangements.
Making the Business Case
ROI Analysis
Costs: $15-30K per sponsored hire (total)
Benefits:
- Access to 4-5x larger talent pool
- International students often have US degrees
- Diverse perspectives improve team outcomes
- Sponsored employees often stay longer (visa tied to employer)
- Some roles are hard to fill domestically
When Sponsorship Makes Sense
Good fit:
- Specialized skills hard to find domestically
- Strong international pipeline (university recruiting)
- Roles where 6+ month timeline is acceptable
- Company has sponsored successfully before
Poor fit:
- Urgent backfill needs
- Roles with high turnover
- Company without HR/legal infrastructure
- Budget-constrained positions