Does OpenAI Sponsor H-1B Visas? Engineering, Research and Go-to-Market Roles Beyond the Lab
OpenAI sponsors H-1B, but USCIS shows just 74 first decisions for OpenAI OpCo LLC in FY2024, so the route that fits your status matters more than the logo.
Part of our guide to the O-1 visa.
Does OpenAI sponsor H-1B? Yes. The USCIS H-1B Employer Data Hub shows OpenAI OpCo LLC, based in San Francisco, with 17 initial-employment approvals, 57 continuing approvals and zero denials in fiscal year 2024. That proves OpenAI files H-1B petitions, not that a given engineering, research or go-to-market posting will sponsor you, and since 2026-02-27 the wage level on your offer shapes your lottery odds.
Status as of 2026-11-01:
- In effect: wage-weighted H-1B cap selection, since 2026-02-27.
- Not announced: FY2028 H-1B registration. USCIS must give at least 30 days' notice; March 2027 is an expectation, not a date.
- Blocked, not collected: the $100,000 H-1B payment. Proclamation 11069 runs on paper to 2027-09-21, but courts have vacated the agency policies that implement it, most recently in Global Nurse Force v. Trump (2026-09-30); appeals are pending. The USCIS I-129 page says: "If this order is later lifted, DHS still plans to collect the payment."
- Proposed: ending the 60-day grace period for H-1B and other workers (comments close 2026-11-10) and removing deference on I-129 extensions (comments close 2026-11-13). Current rules apply.
- In effect, OpenAI not named: DOL's PERM suspension announced 2026-10-08 names eight employers, and OpenAI is not one of them.
Does OpenAI sponsor H-1B visas? The short answer
Yes. OpenAI OpCo LLC had 74 H-1B first decisions in fiscal year 2024, all approvals (17 for new employment, 57 for continuing employment), according to the USCIS H-1B Employer Data Hub. That makes OpenAI a real but small-volume sponsor. Your route depends on your status: a lottery registration, an H-1B transfer, an O-1A, or a TN, E-3 or H-1B1.
What OpenAI's H-1B numbers show, and what they don't
| Metric (OPENAI OPCO LLC, San Francisco, CA) | FY2024 | What it counts |
|---|---|---|
| Initial approvals | 17 | New H-1B employment with OpenAI, including F-1 OPT graduates changing status |
| Initial denials | 0 | New-employment petitions denied |
| Continuing approvals | 57 | People already in H-1B: generally extensions, amendments and transfers from other employers |
| Continuing denials | 0 | Continuing petitions denied |
| Total first decisions | 74 | 74 of 74 approved (our arithmetic) |
Source: USCIS H-1B Employer Data Hub, fiscal year 2024, from the extract behind our OpenAI employer page. We quote FY2024 because it is the last fiscal year we treat as complete; the Hub itself now lists later years.
USCIS says the Hub "has data on the first decisions USCIS makes on petitions for initial and continuing employment." Two readings:
- About one decision in four was new employment (17 of 74, our arithmetic). If you still need your first H-1B, 17 is your number, not 74.
- 74 is small for a company of OpenAI's size. Our inference, not a USCIS finding: much of its international hiring probably runs through people who already hold work status, categories the Hub never tracks (O-1, TN, E-3, green cards), or another legal entity. USCIS's guide to the Hub says "the most common spelling of employer name per unique tax ID is used," so match the entity on your offer letter.
Misconception: "OpenAI only filed 74 H-1Bs, so it barely sponsors." Correction: The 74 are first decisions for one tax ID in one year, not a quota. They exclude O-1 petitions, green card filings and any other OpenAI entity, and say nothing about your requisition. Treat the record as proof the company files, then ask about your role.
Does OpenAI sponsor H-1B for engineers, researchers and go-to-market roles?
The H-1B follows the job, not the company. Per USCIS's H-1B specialty occupations page, the position must need "theoretical and practical application of a body of highly specialized knowledge" and a bachelor's degree "in a directly related" specialty. One employer can sponsor one role easily and struggle with another.
AI hiring is a growing slice of the market: AI-related postings were 7.3% of all postings in Indeed's October 2026 labor market snapshot (2026-10-22). That is a count of postings, not of sponsored roles.
Engineering roles
Software, infrastructure, security and data engineering roles usually require a computer science, engineering or closely related degree, which fits the specialty-occupation test cleanly. For the lottery, what matters is where your offered salary falls among DOL's OEWS wage levels for the role's occupation code (for example 15-1252, Software Developers) in the worksite's area.
Research and research engineering roles
Research scientists and research engineers often have publication, citation or judging records that can support an O-1A instead of, or alongside, an H-1B. Our guide to research scientist sponsorship across OpenAI, Anthropic and DeepMind goes deep on that single role, and our AI safety researcher visa guide covers the safety track. One trap: moving from a cap-exempt university or postdoc H-1B to a private lab generally needs lottery selection unless you were already counted against the cap.
Go-to-market roles
Across the AI industry, technical go-to-market jobs such as solutions engineers, solutions architects and forward-deployed engineers often list an engineering or CS degree and fit the test much like engineering roles. Account executive, partnerships and customer success jobs often accept any degree, which makes the specialty-occupation case harder. Whether a posting qualifies is a call for OpenAI's immigration counsel, so ask early.
Which route fits you at OpenAI? (as of 2026-11)
| Your situation | Route to ask about | H-1B lottery? | $100,000 proclamation exposure if collection resumes | Who to ask |
|---|---|---|---|---|
| F-1 OPT or STEM OPT in the US, first H-1B | Cap registration, then change of status | Yes, wage-weighted | Not covered: changes of status granted inside the US never were | DSO for OPT and cap-gap; employer counsel for the petition |
| H-1B at a private employer, already counted | H-1B transfer (change of employer) | No | Not covered when granted inside the US | OpenAI's immigration counsel, or your own attorney |
| H-1B at a university or other cap-exempt employer, never counted | Cap registration | Yes | Not covered when granted inside the US | Attorney |
| Researcher abroad with no US status | H-1B with consular notification, or O-1A | H-1B yes; O-1A no | A consular-notification H-1B would be covered; O-1 is outside the proclamation | Attorney |
| Strong publications, awards or judging record | O-1A | No cap | Outside the proclamation (H-1B only) | Attorney |
| Citizen of Canada, Mexico, Australia, Chile or Singapore | TN, E-3 or H-1B1, if the role fits | No H-1B lottery | Outside the proclamation (H-1B only) | Attorney |
The coverage column follows USCIS's H-1B page (updated 2026-09-21), under which a denied change of status would also be covered. USCIS is not collecting the payment as of 2026-11-01.
How wage-weighted selection changes the math for an OpenAI offer
Since 2026-02-27, weighted selection enters each cap registration by the OEWS wage level of the offer. Levels are set by occupation and area, so a salary that looks high nationally can sit at a lower level against San Francisco wages. Our breakdown of lottery odds by wage level walks through the math.
| Lottery rule | Before 2026-02-27 | Since 2026-02-27 (in effect) | What to do differently |
|---|---|---|---|
| Entries per beneficiary | One, random draw | Level IV x4, Level III x3, Level II x2, Level I x1 | Ask which level your offer meets before registration |
| Level tables | Current OEWS wages | Unchanged; a DOL rule to raise them (RIN 1205-AC30, NPRM 2026-03-27) is only proposed | Check today's figures in the OFLC Wage Search |
A worked timeline for a 2026 graduate
Say you finished a US master's in computer science in May 2026, your post-completion OPT runs from 2026-07-01 to 2027-06-30, you have been working on OPT for another employer since August 2026, and OpenAI makes you an offer in December 2026. (Had you been unemployed from July to December, you would have passed the 90-day OPT limit.)
- Before registration (expected around March 2027, not announced): OpenAI's registration states the wage level your offer meets. Watch the USCIS registration page for the FY2028 dates.
- Before 2027-06-30: if your degree qualifies for STEM OPT, file the I-765 before your OPT EAD expires. A timely STEM OPT filing gets the 180-day automatic extension, which is still in effect. STEM OPT needs an E-Verify employer and a signed Form I-983.
- If selected: a timely change-of-status petition triggers cap-gap, which carries your F-1 status and OPT work past 2027-06-30 until the H-1B start date, usually 2027-10-01 (the outer limit is 2028-04-01). Cap-gap ends if the petition is denied, withdrawn, revoked or rejected.
- If not selected: STEM OPT through 2029-06-30 would cover the FY2029 and FY2030 registrations, if USCIS runs them on the usual calendar (our arithmetic). Unemployment stays capped at 90 days on OPT and 150 days in total with STEM OPT, per SEVP's unemployment guidance.
Does OpenAI sponsor O-1 visas?
USCIS publishes no employer-level O-1 counts (the Data Hub covers H-1B only), so the recruiter is your only real answer. The O-1A has no cap and no lottery, and Proclamation 11069 does not reach it.
USCIS's O-1 page says the record "must include at least three different types of documentation corresponding to those listed in the regulations," and the petitioner must generally provide a written advisory opinion from a peer group. Initial stays run "up to three years," with extensions of up to one year at a time. USCIS's main evidence guidance, PA-2025-02 (2025-01-08), covers critical and emerging technology fields. Across all employers, USCIS approved 91.0% of O petitions (O-1A, O-1B and O-2 combined, initial and extension filings) it decided in FY2026 Q1-Q3, with a 24.2% RFE rate (USCIS I-129 data).
Timing is the catch. USCIS's processing-times tool showed 80% of O petitions completed within 14.5 months when we read it on 2026-11-01; premium processing for most I-129 classes ($2,965) promises action within 15 business days. An O-1A is also tied to its petitioner, so a later move to another employer needs a new petition. Our O-1 visa guide covers building the evidence.
Does OpenAI accept H-1B transfers?
In practice, yes: the 57 FY2024 continuing approvals generally include transfers from other employers. If you are already counted against the cap, a transfer is a new I-129 with no lottery and no weighting.
USCIS says a worker "may begin working for the new employer as soon as they properly file a non-frivolous Form I-129 petition," or on the requested start date if that is later. Our H-1B transfer basics cover the sequence before you resign. Two proposals matter but change nothing yet. The grace-period NPRM would remove the 60-day window after a job ends for H-1B, O-1, TN, E-3 and other workers, not F-1 students (comments close 2026-11-10). The deference NPRM would end deference to prior approvals on extensions (comments close 2026-11-13). Both are proposals; check the Federal Register for the outcome after 2026-11-13.
Does OpenAI sponsor green cards?
That is a separate employer decision from H-1B, made role by role, so ask before you accept. PERM rules are unchanged as of 2026-11-01. DOL's PERM suspension announced 2026-10-08 names Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini, not OpenAI, and Mayer Brown notes that it "does not suspend any employer from the H-1B program."
PERM is slow: DOL's FLAG processing page showed analyst review at January 2026 priority dates as of 2026-10-21, with an average of 303 days for August 2026 determinations. DOL's PERM labor-market-test proposal (RIN 1205-AC29) cleared OIRA review on 2026-10-23 but has not been published, so it has no text or comment period yet. Researchers can self-petition too. In FY2026 Q3 (April to June 2026, before PA-2026-05 took effect), USCIS approved 55.3% of decided EB-2 NIW petitions and 32.2% of EB-1A petitions (I-140 data).
| Category | India | China | Rest of world and Mexico |
|---|---|---|---|
| EB-1 | 2023-02-01 / 2024-07-01 | 2023-08-01 / 2024-07-01 | Current / Current |
| EB-2 | 2013-11-01 / 2015-01-15 | 2021-10-01 / 2023-01-01 | 2025-04-01 / 2026-03-15 |
| EB-3 | 2014-01-22 / 2015-01-15 | 2022-01-22 / 2024-04-01 | 2024-06-15 / 2024-08-01 |
November 2026 Visa Bulletin (Final Action Date / Dates for Filing). USCIS requires the Dates for Filing chart for November I-485s; consular cases use Final Action Dates. The December bulletin is not out as of 2026-11-01; check travel.state.gov.
How to apply to OpenAI as an OPT, STEM OPT or H-1B candidate
- Search the USCIS H-1B Employer Data Hub for every entity with "OpenAI" in its name, and note initial versus continuing approvals.
- Download DOL's LCA disclosure file (latest FY2026 Q3) from the OFLC performance data page and filter by employer name for job titles, occupation codes, wages and worksites.
- Compare those wages with the Level I to IV wages for the same occupation and area in DOL's OFLC Wage Search.
- Apply through OpenAI's careers site and answer the work-authorization question accurately. According to one vendor's read of 2,718 engineering postings (Match.dev, 2026-10-13), 88.1% said nothing about sponsorship, so silence is not a no.
- Ask the recruiter, once there is mutual interest, which filings OpenAI makes for your role (cap registration, transfer, O-1A, TN, E-3 or H-1B1) and whether it sponsors green cards. Interviewing at several labs? Our Anthropic interview guide for international candidates covers when to raise it.
- Check the employer in E-Verify Employer Search before you sign a Form I-983 for STEM OPT.
- Take OPT, STEM OPT and cap-gap questions to your DSO, and petition strategy to the company's immigration attorney or your own.
Common mistakes
- Assuming a transfer-friendly employer will register you. Transfers and cap registrations are different decisions; ask about yours.
- Believing the $100,000 fee is back, or gone for good. It is blocked, the proclamation stands on paper, and appeals are pending.
- Treating the O-1A as a fast fallback. It needs a documented record and, generally, an advisory opinion.
- Trusting third-party sponsor rankings. Pull figures from the Data Hub yourself.
Frequently asked questions
Does OpenAI sponsor H-1B for engineers?
Yes, OpenAI files H-1B petitions. The USCIS Data Hub shows OpenAI OpCo LLC with 17 initial-employment approvals and 57 continuing approvals in FY2024, and no denials. Sponsorship is still decided role by role, and a first H-1B needs selection in the wage-weighted lottery, in effect since 2026-02-27.
Does OpenAI sponsor O-1 visas?
USCIS publishes no employer-level O-1 counts (the Data Hub covers H-1B only), so ask the recruiter. The O-1A has no cap or lottery and sits outside Proclamation 11069. Across all employers, USCIS approved 91.0% of O petitions decided in FY2026 Q1-Q3, with a 24.2% RFE rate.
Does OpenAI hire international new grads?
We found no published OpenAI policy for new graduates, so the posting and recruiter decide. Its FY2024 record shows 17 initial-employment approvals, the category that includes OPT graduates. If you need an H-1B, you still need selection in the FY2028 registration, not announced as of 2026-11-01; USCIS must give 30 days' notice.
Does OpenAI sponsor green cards?
PERM sponsorship is a separate decision; ask for your role and check DOL's PERM disclosure files (latest FY2026 Q3). OpenAI is not among the eight employers in DOL's PERM suspension announced 2026-10-08, and PERM rules are unchanged as of 2026-11-01. EB-2 NIW and EB-1A self-petitions are another route.
Does OpenAI accept H-1B transfers?
Its 57 FY2024 continuing approvals generally include transfers. If you were already counted against the cap, a transfer needs no new lottery, and you may start once a non-frivolous I-129 is properly filed (or on the requested start date, if later). Leaving a never-counted cap-exempt H-1B generally requires lottery selection.
Sources
- USCIS H-1B Employer Data Hub and Understanding the Data Hub
- USCIS H-1B specialty occupations and Form I-129
- USCIS H-1B electronic registration and weighted selection final rule
- Proclamation 11069 and the Global Nurse Force order
- USCIS O-1 page, USCIS FY2026 Q3 I-129 data and I-140 data
- Grace-period NPRM and deference NPRM
- USCIS cap-gap page and SEVP unemployment counter
- DOL OFLC performance data, FLAG processing times and OFLC Wage Search
- Visa Bulletin and USCIS filing charts
- Indeed Hiring Lab, October 2026 snapshot
How we checked this: OpenAI's figures come from the USCIS Data Hub extract behind our employer pages (FY2024). On 2026-11-01 we read the USCIS Data Hub, H-1B, I-129, O-1, cap-gap and registration pages, USCIS's FY2026 Q3 I-129 and I-140 data, the Federal Register notices, DOL's OFLC and FLAG pages, and the November 2026 Visa Bulletin cutoffs (released 2026-10-22).
This is general information, not legal or tax advice. Your own I-20, I-94 and approval notices, and your DSO or immigration attorney, govern your situation.
If you are on OPT or STEM OPT and building a shortlist of AI employers that file for roles like yours, F1Jobs can help you run a focused search.
Frequently asked questions
Does OpenAI sponsor H-1B for engineers
Yes, OpenAI files H-1B petitions. The USCIS H-1B Employer Data Hub shows OpenAI OpCo LLC with 17 initial-employment approvals and 57 continuing approvals in fiscal year 2024, and no denials. Whether a given engineering posting sponsors is still decided role by role, and a first H-1B needs selection in the wage-weighted lottery, in effect since 2026-02-27.
Does OpenAI sponsor O-1 visas
USCIS publishes no employer-level O-1 counts (its Data Hub covers H-1B only), so ask the recruiter whether OpenAI files O-1A petitions for your role. The O-1A has no annual cap or lottery and sits outside Proclamation 11069, which covers H-1B only. Across all employers, USCIS approved 91.0% of the O petitions it decided in FY2026 Q1-Q3, with an RFE rate of 24.2%.
Does OpenAI hire international new grads
We could not find a published OpenAI sponsorship policy for new graduates, so each posting and the recruiter are the real answer. Its FY2024 record shows 17 initial-employment approvals, the category that includes F-1 OPT graduates starting a first H-1B. A new grad who needs an H-1B still needs selection in the FY2028 registration, which USCIS has not announced as of 2026-11-01 and must announce at least 30 days ahead.
Does OpenAI sponsor green cards
Green card sponsorship through PERM is a separate employer decision from H-1B, so ask about it for your role and check DOL's PERM disclosure files, the latest being FY2026 Q3, for OpenAI's filing history. OpenAI is not among the eight employers in DOL's PERM suspension announced 2026-10-08, and PERM rules are unchanged as of 2026-11-01. Researchers with strong records can also self-petition through EB-2 NIW or EB-1A.
Does OpenAI accept H-1B transfers
OpenAI's FY2024 record shows 57 continuing approvals, the category that generally covers transfers, extensions and amendments. If a private employer's petition already counted you against the cap, a transfer needs no new lottery, and USCIS says you may start once the new employer properly files a non-frivolous I-129 (or on the requested start date, if later). Moving from a cap-exempt H-1B, such as a university, generally needs lottery selection if you were never counted.