The H-1B is the United States' main work visa for graduate-level jobs and the route most Indian engineers, analysts and doctors take to the US. It is employer-driven from start to finish: the employer registers you in March for USD 215, a lottery that since 2026 is weighted by the wage level offered selects registrations against the 85,000 cap, the employer files Form I-129 with fees starting at USD 780, and you attend a USD 205 visa interview in India where the next slot was about six and a half months away in October 2026. The USD 100,000 payment ordered by the September 2025 proclamation was blocked by federal courts and was not being collected.
The compact version with the price card and checklist is on the US H-1B visa route page. This article walks through each stage, who pays what, and where petitions fail.
Who qualifies for an H-1B visa?
The job must be a specialty occupation that normally requires at least a bachelor's degree in a specific field, and you must hold that degree or its equivalent. A four-year Indian degree is usually accepted directly; a three-year degree is equated to a US bachelor's only with three years of progressive experience for each missing year, documented by a credential evaluator. The employer files a Labor Condition Application promising to pay the higher of the prevailing wage for the location and the wage paid to similar workers, and to meet working-condition rules. Doctors additionally need the USMLE steps and a state licence, and the J-1 waiver route for physicians is separate.
Cap-exempt employers (universities, affiliated non-profits, government research bodies) and petitions for workers already counted against the cap (transfers, extensions, amendments) can file at any time. Everyone else goes through the March registration.
What changed in 2026?
| Change | Effect |
|---|---|
| Wage-weighted selection (DHS final rule, effective 27 Feb 2026) | Level I offers get one entry, level II two, level III three, level IV four; first used for FY 2027 (registration 4 to 19 March 2026) |
| FY 2027 cap reached in July 2026 | No second selection round |
| USD 100,000 payment (proclamation of 19 Sep 2025) | Enjoined by federal courts; petitions adjudicated without it; September 2026 extension also blocked |
| Country-of-residence rule (Sep 2025) | Stamping only in your country of nationality or residence |
The weighting changed strategy: an honest level III or IV classification with the matching salary now matters more than filing many registrations, and duplicate registrations by the same employer remain void.
Who pays which fee?
| Item | USD | Paid by |
|---|---|---|
| Registration (March) | 215 | Employer |
| Form I-129 petition | 780 (460 small employers and non-profits) | Employer |
| ACWIA training fee | 750 (up to 25 employees) or 1,500 | Employer |
| Fraud prevention and detection fee | 500 | Employer, first petition with that employer |
| Asylum program fee | 600 (300 small; 0 non-profit) | Employer |
| Public Law 114-113 fee | 4,000 | Employers with 50+ staff and more than half on H-1B or L-1 |
| Premium processing (Form I-907) | 2,805 | Either, optional; 15 business days |
| Visa application (MRV) fee at the consulate | 205 | Worker, per person including H-4 |
Department of Labor rules bar employers from recovering the petition fees and business expenses from the worker or deducting them from wages; a recruiter who asks you to pay for the registration or petition is breaking the rules. The worker's own cost is the USD 205 consular fee, shown at the official rate on the United States destination page.
How does the process run?
- The employer registers you between early and mid-March with your passport details, degree and wage level, paying USD 215.
- USCIS announces selections by about 31 March. The employer obtains a certified LCA and files Form I-129 with the fees between 1 April and 30 June, optionally with premium processing.
- USCIS approves on Form I-797 or issues a request for evidence, most often on specialty occupation, degree equivalence or the employer-employee relationship for third-party placements.
- You complete the DS-160, pay USD 205 and book biometrics and an interview at an Indian post, bringing the I-797, LCA, offer letter, degree documents and any client letters.
- You enter up to ten days before the start date; cap cases begin on 1 October. Workers already in the US on F-1 OPT usually change status without travelling, with cap-gap protection until 1 October.
How long does it take?
| Stage | Typical time |
|---|---|
| Registration window | About two weeks in March |
| Selection notice | By 31 March |
| Petition filing and decision | 1 April to 30 June filing; 15 business days with premium; RFEs add 1 to 3 months |
| Consulate interview in India | About 6.5 months to the next slot (October 2026) |
| Start | 1 October or later |
Changing jobs, extensions and the green card
Portability lets you start with a new employer as soon as its petition is filed. The first grant is up to three years, extendable to six. Beyond six years, one-year extensions are available once a PERM or I-140 has been pending for 365 days and three-year extensions with an approved I-140 whose priority date is not current, which describes most Indian workers given the EB-2 and EB-3 backlog explained in the US green card guide. H-4 spouses can apply for work authorisation (Form I-765, USD 470 online) once the principal has an approved I-140. A laid-off worker has a 60-day grace period to find a new sponsor, change status or leave. Travel during a pending extension is possible with a valid visa foil, but the stamping queue means many workers avoid leaving the US until a new foil is unavoidable; employers should budget for the six-and-a-half-month wait when planning onsite rotations from India.
Why are H-1B petitions refused, and what fixes each reason?
Not selected. Weighted odds favour higher wage levels. Ask the employer to classify the role honestly at the highest supportable level, consider a US master's, or look at cap-exempt employers, L-1 transfers and O-1 for exceptional ability.
Specialty occupation not established. USCIS found no specific degree requirement. Document the requirement with the job description, industry practice, hiring history and expert letters, and align the SOC code.
Employer-employee relationship or itinerary at third-party sites. Provide the contract chain, client letter and an itinerary covering the petition period.
221(g) at the consulate. Bring the full petition copy, client letters and pay slips, and respond to requests immediately.
Degree equivalence rejected. Obtain an evaluation applying the three-for-one rule with detailed experience letters, or complete a US master's.
How Vistolane handles it
Work routes on Vistolane go to a licence-checked US immigration attorney who runs the registration, LCA and petition for the employer and the consular stamping for the worker. Employers start from the US work permit page; applicants start with the free eligibility check or the US H-1B visa route page. Workers comparing options can read the UK Skilled Worker guide and the Germany work visa guide.
