The US H1B visa is a work visa for specialty occupations requiring a bachelor's degree. For Indians in 2025: employers register in the annual H1B lottery (March), selected candidates get petitions filed (April-September), and approved candidates attend visa stamping interviews. The H1B cap is 65,000 regular + 20,000 US Master's exemption. Processing takes 2-6 months (15 days with premium processing for $2,805).
Key Facts: US H1B Visa
| Parameter | Details |
|---|---|
| Annual Cap | 65,000 + 20,000 (Master's) |
| Lottery Registration Fee | $10 per registration |
| Petition Filing Fee | $460 base + $500-4,500 additional |
| Premium Processing | $2,805 (15 calendar days) |
| Visa Validity | Up to 3 years (extendable to 6) |
What is H1B Visa?
H1B is a non-immigrant work visa for "specialty occupations" that require:
- Theoretical and practical application of specialized knowledge
- At least a bachelor's degree (or equivalent) in the specific field
Common H1B occupations: Software engineers, data scientists, financial analysts, architects, engineers, doctors, professors.
H1B Visa Categories
- H1B Cap (Regular): 65,000 visas/year - Requires lottery selection
- H1B Master's Exemption: 20,000 additional for US Master's/PhD holders
- H1B Cap-Exempt: Universities, nonprofits, research institutions (no lottery)
H1B Process Overview
Annual Timeline
| Period | Activity |
|---|---|
| March 1-31 | Lottery Registration Window |
| Late March | Lottery Selection (random) |
| April 1 onwards | Petition Filing Period |
| April-September | USCIS Adjudication |
| October 1 | Earliest H1B Start Date |
Step-by-Step H1B Process
- Find H1B Sponsor Employer
You need a US employer willing to sponsor your H1B. The employer must file the petition - individuals cannot self-petition.
- Employer Registers for Lottery (March)
Employer creates USCIS account and registers you for lottery. Fee: $10 per beneficiary.
- Lottery Selection
USCIS conducts random selection. If selected, employer can file petition. Selection rate varies (25-30% typically).
- LCA (Labor Condition Application)
Employer files LCA with Department of Labor certifying they'll pay prevailing wage. Takes 7-10 days.
- I-129 Petition Filing
Employer files Form I-129 with USCIS including supporting documents. Must be filed within 90-day window after selection.
- USCIS Adjudication
Regular processing: 2-6 months. Premium processing: 15 calendar days ($2,805 extra).
- Approval & I-797
If approved, USCIS sends I-797 approval notice. For those in US on valid status, this may be sufficient.
- Visa Stamping (If Outside US)
Schedule DS-160 and interview at US Embassy. Required if applying from India or after travel abroad.
H1B Visa Fees (2025)
| Fee Type | Amount | Who Pays |
|---|---|---|
| Lottery Registration | $10 | Employer |
| I-129 Base Filing Fee | $460 | Employer |
| ACWIA Fee (Education/Training) | $750-1,500 | Employer |
| Fraud Prevention Fee | $500 | Employer |
| Public Law 114-113 Fee | $4,000 | Employer (if >50 employees, >50% H1B/L1) |
| Premium Processing (Optional) | $2,805 | Employer or Employee |
| Visa Stamping (MRV Fee) | $185 | Employee |
H1B Visa Documents
For Petition (Filed by Employer)
- Form I-129 with H supplement
- Approved LCA
- Employer support letter detailing job duties
- Employee's resume and educational certificates
- Credential evaluation (if non-US degree)
- Evidence of specialty occupation
For Visa Stamping Interview
- DS-160 Confirmation
- Valid Passport
- I-797 Approval Notice
- Previous US Visas (if any)
- Educational Degrees & Transcripts
- Resume
- Employment Letter (current)
- Pay Stubs (last 3, if currently employed)
- Offer Letter from H1B employer
- Company Profile (especially for smaller companies)
H1B Interview Questions
- What does your company do?
- What will be your role/responsibilities?
- What is your salary?
- What is your educational background?
- How long have you worked in this field?
- Why are you the right fit for this job?
- Where is your work location?
Important H1B Rules
Portability (Change Jobs)
After H1B approval, you can change employers. New employer files new H1B petition. You can start working for new employer once petition is filed (not approval needed).
H1B Extension
Initial H1B is for 3 years, extendable to 6 years total. Beyond 6 years possible with pending green card (PERM labor certification filed or I-140 approved).
H1B to Green Card
Path: PERM Labor Certification → I-140 Immigration Petition → I-485 Adjustment of Status (when priority date is current).
Frequently Asked Questions
What are my chances in H1B lottery?
Selection rate varies: 25-30% typically. With multiple registrations from different employers (allowed), chances improve marginally.
Can I apply for H1B without a job?
No, H1B requires employer sponsorship. You cannot self-petition or apply without a job offer from a US employer.
What if my H1B petition is denied?
Options include: appeal (if grounds exist), re-filing, maintaining current status (if on OPT/other visa), or returning home.
Can my spouse work on H4 visa?
H4 dependents can apply for H4 EAD (work authorization) if the H1B holder has an approved I-140 or is in H1B extension beyond 6 years.
What is H1B cap gap extension?
F1 students selected in H1B lottery but whose F1/OPT expires before October 1 get automatic cap-gap extension to maintain status.