US H-1B Visa
The USA H-1B visa program is one of the most sought-after immigration programs, designed to attract skilled professionals planning to work in the USA. As a non-immigrant visa, the H-1B work visa allows US employers to hire competent professionals from around the world for speciality occupations requiring technical and theoretical expertise. If you are a skilled professional looking to immigrate to the USA for better career opportunities, this comprehensive guide covers everything you need to know about the H-1B visa, from its requirements to the application process.
What is a US H-1B visa?
The H-1B visa falls under the category of temporary work permits for specialist occupations. This relates to positions that call for specific expertise and a bachelor's degree or its equivalent in a related discipline. Professions most often found under this include information technology, engineering, finance, healthcare, architecture, and education.
Key aspects of US H-1B visa program
The following information explains the key aspects of the US H-1B visa program for Indian skilled professionals planning to immigrate to the USA.
Specialty occupation
Usually requiring at least a bachelor's degree, the role must demand the theoretical and practical application of specialized knowledge.
Employer sponsorship
The foreign worker must be sponsored by a USA-based employer who also submits the required paperwork to U.S. Citizenship and Immigration Services (USCIS).
Annual cap
If demand for new H-1B visas surpasses the annual cap, a lottery mechanism will be used.
Lottery system
Because of the tremendous demand, a lottery system is used to choose at random which petitions will be handled if the total number of petitions exceeds the cap.
Duration
H-1B status can be extended after the first three-year period.
Benefits of the H-1B visa program
The H-1B visa program offers various benefits to skilled professionals planning to work in the USA. Some of the top benefits of this visa program include:
Work opportunities
The H-1B visa holders will be allowed to work in some of the most innovative and dynamic industries.
Dual intent
Unlike other non-immigrant visas, H-1B permits dual intent. Individuals on H-1B status can apply for their green card.
Family reunification
Spouses and children under 21 may accompany H-1B holders on H-4 visas. Spouses in certain situations are eligible for employment authorization.
US H-1B visa requirements for Indian professionals
For a successful H1- B visa application process, skilled professionals from India are required to meet the following requirements:
Valid passport
One of the first requirements of a USA H-1B visa is that a candidate is required to have a valid passport that should remain valid for 6 months after the visa expires.
Educational qualification
Under this requirement, candidates are required to hold a bachelor’s or master’s degree in the required field of study.
Professional qualification
Under the professional qualification requirement candidates are required to have at least 12 years of work experience in the particular field.
Offer letter
Under this, candidates are required to get a temporary job offer letter from a US-based employer.
What documents are required for the H-1B visa program?
The following information explains the document requirements for the H-1B visa program.
- Valid passport.
- Bachelor’s or Master’s degree from the US (or USA equivalent).
- Professional qualification documents explaining 12 years of work experience.
- Approved certificate of labour.
- I-129 Petition.
Step-by-step process to apply for an H-1B visa from India
If you want to apply for the H-1B visa from India, you must follow the below-mentioned steps.
Step 1: Find a U.S. employer to sponsor the H-1B visa
The first step in the H-1B visa process is to obtain a job offer from an employer based in the United States who is willing to sponsor the visa.
The job must meet the criteria of a speciality occupation, usually requiring a bachelor's degree or its equivalent in an area such as IT, engineering, healthcare, or finance.
This is the most important part because the employer will have a lot to do with the application process.
Step 2: Labor condition application (LCA)
Once the job is offered, the employer has to file a labour condition application with the U.S. Department of Labor.
The LCA ensures that hiring foreign workers won't negatively impact working conditions for other employees and that the business will pay the prevailing salary for the position. Processing via the DOL's iCERT system typically takes 7–10 business days.
Step 3: Form I-129 (Petition request for non-immigrant worker)
After the LCA is certified, the employer submits Form I-129 to the USCIS. The petition will contain supporting documents such as the certified LCA, proof of the employee's qualifications (degrees, resumes), and details of the job offer.
Filing fees vary, which are set at $460 for standard processing, $500 additional anti-fraud fees, and optionally premium processing at $2,500 for expedited adjudication. The employer is then issued a receipt notice with a case number to monitor the application after it is submitted.
Step 4: H-1B lottery selection (if applicable)
The application is put into a lottery system if it falls within the H-1B annual cap, which is 65,000 visas plus 20,000 designated for individuals with advanced degrees from U.S. universities.
The lottery results are usually announced in March or April for the fiscal year that starts on October 1. Employers have to wait for the lottery results to move forward.
Step 5: USCIS adjudication
If selected in the lottery, USCIS will review the petition. The adjudication can result in approval (with the issuance of Form I-797), a Request for Evidence (RFE) seeking additional information, or denial.
The employee can apply for the H-1B visa at any U.S. embassy or consulate in their native country after receiving approval.
Step 6: Apply for the H-1B visa
After the approval of Form I-129, the employee submits the H-1B visa application through Form DS-160 (Online Nonimmigrant Visa Application) and interviews a U.S. embassy or consulate.
At the interview, applicants need to present their I-797 approval notice, passport, job offer letter, and other relevant papers. Biometrics are collected at this stage too.
Step 7: Issuance of the visa and travel to the United States.
The applicant's passport gets stamped with the visa if the application is accepted. Following the start of the visa's validity, which is typically October 1 for cap-subject petitions, the employee can then fly to the US and start working. It's important to carry all necessary documentation when entering the U.S.
Step 8: Begin employment
The H-1B holder must fill out Form I-9 (Employment Eligibility Verification) with his employer on arrival in the U.S. as proof of authorization to work.
Working in the designated job role and area is essential. The petition request will be sent to USCIS again in the revised format if the terms of employment change.
H-1B visa processing fee for Indians
The following information explains the processing fee for H-1B visas for Indians
Fee Type | Amount (US $) |
H-1B registration fee | $215 (effective from March 2025) |
I-129 Form fee | $780 (or $460 for smaller employers and non-profits organisation) |
Public law 114-113 fee | $4,000 |
Premium processing fee (Optional) | $2,805 |
USCIS anti-fraud fee | $500 |
ACWIA education and training fee | $750 (if fewer than 25 employees) |
$1,500 (if more than 25 employees) | |
Asylum program fee | $600 (or $300 for smaller employers) |
Nonprofits are exempt |
H-1B visa processing time
The average processing time of the H-1B visa program can take up to 3-5 months. However, the regular processing time of this visa can also take as short as 2 months and as long as 8 months.
How can Province Immigration help you?
Dealing with all the intricacies of an H-1B visa application makes the whole process confusing; but do not worry, because Province Immigration can make things simpler, smoother, and even easier for you to manage. Be it first-time applicants or transfer visas, our detailed process guides you in an all-step procedure toward success.
- Letter of employment offer from your US-based company.
- Proof of educational qualifications, which are your degree certificates and transcripts.
- Professional credentials or work experience letters.
- Supporting documentation from the employer, such as the Labor Condition Application (LCA).
- Crafting a strong resume to showcase your skills and qualifications.
- Learn the procedure and participate in practice interviews to get ready for your visa interview. If necessary, help get police and medical clearance documents.
Profile evaluation
From our observation of your profile, we review it carefully to determine the H-1B visa eligibility. We have you go through your goals related to your career and type of job, and then prepare you to find the appropriate method, ensuring that it matches the needs of an employer and U.S. Immigration.
Document preparation
Getting the required documentation for an H-1B visa can be a challenging task. Our experts will guide you in collecting, checking, and organizing essential documents that include the following:
We meticulously ensure your application is complete and meets all requirements to reduce the risk of delays or rejections.
Professional guidance
Our experienced team is with you at every step of the H-1B visa process, from application submission to interview preparation. We offer customised services to support in the following areas:
Dedicated case officers
You will be assigned a dedicated case officer who will act as your single point of contact throughout the process. This personalized support ensures that your questions are answered promptly and that you are regularly updated on the status of your application.
Let Province Immigration be your trusted partner in securing your H-1B visa and advancing your career in the United States. Get expert, trustworthy help by getting in touch with us right now, and start along the path to success.
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