What H-1B dependent employer status means, additional requirements, impact on visa petitions, and how to check if your employer is H-1B dependent.
Last updated: April 2026 · Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney.
An employer is classified as "H-1B dependent" based on the ratio of H-1B workers to total U.S. employees: 25 or fewer employees: 8+ H-1B workers = dependent. 26-50 employees: 13+ H-1B workers = dependent. 51+ employees: 15%+ of workforce on H-1B = dependent. Many IT consulting and staffing companies fall into this category. H-1B dependent employers face additional obligations when sponsoring H-1B workers.
H-1B dependent employers must make additional attestations on the LCA: (1) Non-displacement: they haven't laid off U.S. workers in similar positions within 90 days before or after the H-1B filing. (2) Recruitment: they've made good-faith efforts to recruit U.S. workers and offered the job to any equally qualified U.S. applicant. These requirements can be waived for "exempt" H-1B workers — those earning $60,000+ per year or holding a master's degree or higher.
Being employed by an H-1B dependent employer doesn't prevent you from getting an H-1B visa, but the additional scrutiny can slow processing. USCIS may pay closer attention to these petitions. As a candidate, research your potential employer's H-1B dependency status using our database — employers with very high ratios of H-1B workers may face more RFEs and delays. However, many excellent employers in technology and consulting are H-1B dependent simply because they hire the best global talent.
Check the LCA form — it indicates H-1B dependency status. You can also estimate by looking at the ratio of H-1B filings to company size. Our employer profiles show filing volumes that can help assess this.
It can increase scrutiny and RFE rates, but it doesn't prevent approval. If you earn $60,000+ or have a master's degree, you're exempt from the additional requirements.