To apply for an H-1B visa from India, a U.S. employer must first register you during the annual March window, then file and receive approval on a petition with U.S. Citizenship and Immigration Services (USCIS), after which you complete Form DS-160, pay the visa fee, give biometrics at a Visa Application Center, and attend a consular interview at a U.S. embassy or consulate in India. The full sequence typically takes six months or longer, and each step depends on the one before it.
Confirming the Job Qualifies as a Specialty Occupation
Before anything else, the role you’ve been offered has to meet the legal definition of a “specialty occupation.” That means the position itself requires at least a U.S. bachelor’s degree, or its equivalent, in a directly related field. USCIS looks at the job’s demands, not just whether you happen to hold a degree.1U.S. Citizenship and Immigration Services. H-1B Specialty Occupations
If your degree is from an Indian university, your employer will almost certainly need a foreign credential evaluation. An independent agency converts your qualification into its U.S. equivalent, and USCIS uses that report to decide whether your education meets the specialty threshold. Arrange this early; it takes time and it holds up everything downstream.
The Annual Cap and the March Registration
Congress caps new H-1B visas at 65,000 each fiscal year, plus another 20,000 reserved for applicants holding a master’s or higher from a U.S. institution.2U.S. Citizenship and Immigration Services. USCIS Reaches Fiscal Year 2026 H-1B Cap Demand always exceeds supply, so a selection round comes before any petition can be filed.
Your employer registers you electronically during a short window in March. For the FY 2027 season, registration opened at noon Eastern on March 4 and closed at noon Eastern on March 19, 2026. The registration fee is $215 per beneficiary.3U.S. Citizenship and Immigration Services. FY 2027 H-1B Cap Initial Registration Period Opens on March 4
Starting with FY 2027, USCIS replaced the random lottery with a weighted selection. Registrations tied to higher offered wages, relative to the prevailing wage for the occupation and location, receive higher selection probability. If registrations for unique beneficiaries exceed the cap, USCIS runs the weighted selection from all properly submitted entries.4U.S. Citizenship and Immigration Services. DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers
USCIS aims to notify selected registrants by the end of March. If you’re selected, your employer can file the petition starting April 1. If not, nothing else happens until the next cycle.5U.S. Citizenship and Immigration Services. H-1B Electronic Registration Process
One boundary worth noting: not every petition counts against the cap. If your employer is a U.S. institution of higher education, a nonprofit affiliated with one, or a nonprofit or government research organization, the petition is cap-exempt and can be filed any time of year.6U.S. Citizenship and Immigration Services. H-1B Cap Season
The Employer’s Petition
Selection only unlocks the right to file. Before your employer submits the H-1B petition, they file a Labor Condition Application (Form ETA-9035) with the Department of Labor, attesting to paying at least the prevailing wage and meeting related working-condition requirements.7eCFR. 20 CFR 655.730 – What Is the Process for Filing a Labor Condition Application
With an approved LCA, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, along with your degree certificates, credential evaluation, a detailed job description, and the LCA itself.8U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker When USCIS approves the petition, it issues a Form I-797 Notice of Action. That approval notice is what you’ll present to book and attend your consular interview.9U.S. Citizenship and Immigration Services. Form I-797 Types and Functions
Standard processing runs several months. If your employer wants a faster decision, they can file Form I-907 for premium processing. For H-1B petitions filed on or after March 1, 2026, the premium processing fee is $2,965, and USCIS commits to taking action within 15 business days. Action can mean approval, denial, or a request for evidence, so speed doesn’t guarantee outcome.10Federal Register. Adjustment to Premium Processing Fees
All petition fees are the employer’s responsibility, not yours. Beyond the $215 registration and the base I-129 fee, employers pay a Fraud Prevention and Detection Fee, an ACWIA training fee that varies with company size, and an Asylum Program Fee of $300 for small employers or $600 for larger ones. With premium processing, the total often exceeds $5,000.11U.S. Citizenship and Immigration Services. H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
Documents You Should Gather Now
While your employer handles the petition, start collecting what you’ll need for the consular stage. Replacing missing records from Indian universities or state offices is slow.
- Passport valid for at least six months beyond your intended stay. India is not on the list of countries exempt from this rule.12CBP.gov. Carrier Liaison Program Exemption of the Six-Month Passport Validity Rule
- Original I-797 approval notice from USCIS.
- Degree certificates and transcripts from every institution granting a degree relevant to the role.
- Foreign credential evaluation converting your Indian qualification to its U.S. equivalent.
- Employer offer letter confirming role, salary, location, and start date.
- DS-160 confirmation page generated after you file the online nonimmigrant visa application.13U.S. Department of State. DS-160 Online Nonimmigrant Visa Application
Answers on your DS-160 must match your supporting documents and what your employer stated in the I-129. Inconsistencies invite delays and additional questioning at the interview.
Fee, Biometrics, and Consular Interview in India
Once the petition is approved, create a profile on the U.S. visa appointment website for India and pay the Machine Readable Visa (MRV) fee, which is $205 for petition-based categories like H-1B.14Department of State. Fees for Visa Services Payment options include electronic funds transfer, mobile payment, or cash at designated bank branches. When the payment clears, you can book your appointments.
You’ll visit a Visa Application Center (VAC) for fingerprinting and a digital photograph. Schedule this at least one day before the consular interview so your biometrics are on file when the officer opens your case. VACs operate in New Delhi, Mumbai, Chennai, Hyderabad, and Kolkata.15Travel.State.Gov. U.S. Embassy New Delhi, India – NWD
At the interview, the consular officer verifies the legitimacy of the job and your qualifications. Expect questions about what the company does, what your role involves day to day, how your education relates to the position, and your prior work experience. Speak naturally about the actual work; rehearsed or vague answers stand out. Bring every document from your checklist even if you’ve uploaded copies. The officer usually tells you the decision at the end of the interview, and if approved, retains your passport for stamping.
After the Interview: Return and Administrative Processing
Most approved passports come back with the visa stamped within three to five business days, either by home delivery or pickup at a designated VAC location.16U.S. Department of State. Visa Appointment Wait Times
Some cases get placed into administrative processing under Section 221(g) of the Immigration and Nationality Act. This happens when the officer can’t make an immediate final decision, often because of missing documentation, security checks, or questions about the employer-employee relationship. You’ll receive written notice of what’s needed. A simple document request may resolve in one to four weeks; security-related reviews can run three to six months or longer, and cases referred to Washington sometimes exceed twelve months. Indian applicants in IT consulting roles tend to encounter this most often. Apply well in advance of your intended start date so the timeline has room to absorb a delay.
Bringing Your Spouse and Children on H-4
Your spouse and unmarried children under 21 can apply for H-4 dependent visas. Each files a separate DS-160, pays the MRV fee, and attends a consular interview. The key supporting documents are a copy of your I-797 approval notice and proof of the family relationship: a marriage certificate for a spouse, birth certificates for children.
H-4 dependents generally cannot work in the United States. The exception: if you are the principal beneficiary of an approved immigrant petition (Form I-140), or you hold H-1B status under provisions permitting extensions beyond six years, your spouse can file Form I-765 for an Employment Authorization Document.17U.S. Citizenship and Immigration Services. Employment Authorization for Certain H-4 Dependent Spouses Because the green card backlog for Indian nationals is long, H-4 EAD eligibility often becomes central to a family’s plans during years of H-1B extensions.
First Steps After You Arrive
Your I-94 arrival/departure record is created electronically at entry and proves your legal status and authorized stay. Download or print it through the CBP I-94 website or the CBP Link mobile app within your first few days; employers, banks, and government agencies will ask for it.18U.S. Customs and Border Protection. Arrival/Departure Forms I-94 and I-94W
To get paid and file taxes you need a Social Security number. Take your original passport, I-94, and I-797 to a local Social Security Administration office. The SSA verifies your status with USCIS, which can take a couple of weeks, and you should receive the card within two to four weeks of applying.19Social Security Administration. Apply for Your Social Security Card While Applying for Your Work Permit and/or Lawful Permanent Residency
Validity, Extensions, and Changing Employers
H-1B status is granted for up to three years initially and can be extended for another three, for a normal maximum of six. Extensions beyond six years are possible when your employer has started the green card process on your behalf and certain conditions are met. Given per-country limits on employment-based green cards, Indian nationals routinely spend well beyond six years on H-1B extensions while their priority date advances.
Changing employers doesn’t restart the H-1B process. Under the portability rule, you can begin working for a new employer as soon as they file a new H-1B petition on your behalf, even before USCIS decides it. You must already be in valid H-1B status, and the new employer must submit a properly filed I-129 with an approved LCA before your current authorized stay expires.20U.S. Department of Labor. Fact Sheet 62W – What Is Portability and to Whom Does It Apply
If You Lose Your Job: The 60-Day Grace Period
Losing your H-1B job doesn’t mean leaving the country the next day. Federal regulations provide a grace period of up to 60 consecutive calendar days, or until the end of your authorized validity period, whichever is shorter. It starts the day after your last paid day of employment and applies to both resignation and layoff.21U.S. Citizenship and Immigration Services. Options for Nonimmigrant Workers Following Termination of Employment
You cannot work during those 60 days without separate authorization, but you can use them to find a new employer to file a transfer petition, apply for a change of status to another category, or file for adjustment of status if eligible. If you take no action, you and your dependents must depart before the grace period ends. Eligibility for this grace period is once per authorized employer petition validity period, so it’s a one-time cushion rather than a recurring one.