US H-1B visa for Indian professionals

The job must be a specialty occupation: one that normally requires at least a bachelor's degree in a specific field, such as software engineering, data science, accounting, architecture or medicine. The worker must hold that degree or an equivalent; an Indian three-year bachelor's degree is usually equated to a US degree only with three years of relevant experience per missing year, assessed by a credential evaluator. The employer files a Labor Condition Application with the Department of Labor promising to pay the higher of the prevailing wage and the actual wage for the role.

Most first-time H-1B workers must win the cap lottery. Since the FY 2027 season registrations are weighted by the wage level offered: a level IV offer gets four entries, level III three, level II two and level I one. Registrations for US master's graduates also enter the separate 20,000 pool. Workers already counted against the cap (change of employer, extension) and jobs at universities and non-profit research institutions are cap-exempt and can be filed at any time.

The proclamation of 19 September 2025 ordered a USD 100,000 payment for new H-1B petitions for workers outside the US, with national-interest exceptions. Federal courts enjoined its enforcement during 2026 and USCIS adjudicated petitions without the payment; an extension issued in September 2026 was also blocked. Employers should check the current position before filing, because the legal status can change.

Department of Labor rules bar employers from recovering the petition fees, the ACWIA fee or business expenses from the worker, and from deducting them from wages. A recruiter who asks a candidate to pay for the registration or the petition is breaking the rules.

1. 1

   Employer registers you in March

   The employer or its attorney creates the registration with your passport details, degree and the offered wage level, and pays USD 215. One registration per employer per worker; duplicate filings by the same employer are void.

2. 2

   Selection and petition

   USCIS notifies selections by about 31 March. The employer obtains a certified LCA, files Form I-129 with the fees and supporting evidence between 1 April and 30 June, and may add premium processing.

3. 3

   USCIS decision

   Approval on Form I-797. Requests for evidence commonly concern specialty occupation, the employer-employee relationship for third-party placements, and degree equivalence.

4. 4

   Visa stamping in India

   Complete the DS-160, pay USD 205, book biometrics and an interview at any Indian post. Bring the I-797, LCA, employment letter, pay slips if already employed, degree documents and the employer's client letters if applicable.

5. 5

   Travel and start

   Enter up to 10 days before the start date on the I-797; the status begins on 1 October for cap cases. Dependants apply for H-4 with the marriage and birth certificates.

Workers already in the US on F-1 OPT usually change status without leaving; the cap-gap rule keeps OPT valid until 1 October if the petition is filed in time. First stamping then happens on the next trip to India, where the consulate wait applies.

An H-1B worker can move to a new employer as soon as the new petition is filed (portability). The initial grant is up to three years, extendable to six. Extensions beyond six years are available in one-year increments once a PERM labour certification or I-140 has been pending for 365 days, and in three-year increments with an approved I-140 whose priority date is not current, which is the position of most Indian workers given the EB-2 and EB-3 backlog described on the green card route page.

H-4 spouses can apply for work authorisation (Form I-765, USD 470 online) once the principal has an approved I-140 or qualifies for an extension beyond six years. A worker laid off has a 60-day grace period to find a new sponsor, change status or leave. Time outside the US can be recaptured to extend the six-year clock.

• USCIS: H-1B specialty occupations ↗
• USCIS: H-1B electronic registration process ↗
• USCIS: FY 2027 H-1B initial registration selection completed ↗
• USCIS: H-1B proclamation FAQ ↗
• USCIS fee schedule (8 CFR 106.2) ↗
• State Department: fees for visa services ↗
• State Department: global visa wait times ↗