This article was last updated and fact checked on October 4, 2024 by Mani Karthik.
The H-1B visa is one of the most sought-after US work visas, especially for skilled professionals in fields like IT, engineering, and healthcare.
If you’re an Indian citizen aiming to work in the US, here’s everything you need to know about how to apply for an H-1B visa from India.
What is an H-1B Visa?
The H-1B visa is a non-immigrant work visa that allows US companies to hire foreign workers for specialty occupations.
These are jobs that typically require a bachelor’s degree or higher in specific fields, such as technology, engineering, and finance.
The visa is usually granted for an initial period of three years and can be extended for up to six years, with the possibility of transitioning to permanent residency (green card) later on.
Tip: The H-1B visa process includes a cap—only 65,000 visas are issued per year, with an additional 20,000 reserved for applicants with advanced degrees from US institutions. Apply early to increase your chances.
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Step 1: Find a US Employer to Sponsor You
To apply for an H-1B visa, the first (and most important) step is to secure a job offer from a US-based company.
The company must be willing to sponsor your H-1B visa application, which means they’ll take on the responsibility of filing the necessary paperwork with US immigration authorities.
Your employer will need to show that the job is a specialty occupation, which means it requires the kind of expertise you have—typically a bachelor’s degree or equivalent in a related field.
Pro Tip: Not all US companies sponsor H-1B visas, so when job hunting, look for employers familiar with the process and willing to take it on.
Step 2: File a Labor Condition Application (LCA)
Once you’ve been hired, your employer will need to submit a Labor Condition Application (LCA) to the US Department of Labor. This form is important because it ensures your employer will pay you a wage that is consistent with US labor standards, and it guarantees that your employment won’t negatively affect American workers.
The LCA needs to be certified before your employer can proceed with the H-1B visa petition.
Tip: Your employer handles this step, but make sure to follow up with them—it’s crucial to get the LCA certified early to avoid delays.
Step 3: Submit Form I-129 (H-1B Petition)
Once the LCA is certified, your employer will file Form I-129, also known as the Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This petition is the formal request to sponsor you for the H-1B visa.
Along with Form I-129, your employer will need to submit supporting documents, including:
- A copy of your job offer letter
- Your educational credentials (degrees, transcripts, etc.)
- Proof of the company’s financial ability to pay your salary
Once the petition is submitted, your employer will receive a receipt notice, and the waiting game begins.
Pro Tip: Premium processing is available for H-1B petitions, which can speed up the process—ask your employer if they’re willing to opt for this service.
Step 4: Enter the H-1B Lottery (If Applicable)
Here’s the part that makes the H-1B visa process so tricky—the H-1B lottery. Each year, the number of H-1B visas is capped at 65,000 for regular applicants, with an additional 20,000 for those holding advanced degrees from US universities.
If the number of applications exceeds the cap (which it almost always does), USCIS runs a lottery to randomly select petitions for processing.
If you’re lucky enough to be selected in the lottery, USCIS will proceed with processing your petition. If not, your petition will be rejected, and you’ll have to try again next year.
Tip: The H-1B lottery typically takes place in April, so make sure your petition is submitted before that to be considered.
Step 5: Wait for Petition Approval
If your H-1B petition is selected in the lottery, USCIS will review your case and decide whether to approve or deny your visa. The processing time can vary, but it usually takes several weeks to a few months.
If your petition is approved, your employer will receive an approval notice (Form I-797), which is your ticket to the next step in the process.
Pro Tip: Keep track of your case status on the USCIS website using your receipt number—you can check for updates throughout the process.
Step 6: Apply for the H-1B Visa at a US Consulate
Once your petition is approved, you’ll need to apply for the actual H-1B visa at a US consulate or embassy in India. Here’s how to do it:
- Fill out the DS-160 form online, which is the visa application form.
- Pay the visa application fee (around $190, but double-check for current rates).
- Schedule your visa interview at the nearest US consulate.
Make sure to bring the following documents to your interview:
- A copy of your I-797 approval notice
- Your passport (valid for at least six months)
- A recent passport-sized photo
- Completed DS-160 confirmation page
- Your employment offer letter
- Your educational certificates and degrees
At the interview, the consular officer will ask questions about your job, employer, and qualifications. Once the officer is satisfied with your application, they’ll approve your visa and stamp your passport.
Pro Tip: Be prepared to answer basic questions about your job role and qualifications during the interview—practice ahead of time to stay calm.
Step 7: Travel to the USA
Congratulations! Once your visa is approved and stamped, you’re all set to travel to the USA and start your job. Make sure to carry all important documents with you when entering the country, including your H-1B visa approval notice and your job offer letter.
At the port of entry, US Customs and Border Protection (CBP) officers will review your visa and documents before allowing you entry.
Tip: Don’t enter the US earlier than 10 days before your start date—this could cause issues with your visa status.
Final Thoughts
Applying for an H-1B visa from India can seem like a daunting process, but with the right preparation and guidance, you can successfully make it through each step.
From securing a job offer to going through the lottery and visa interview, patience and attention to detail are key. Good luck with your journey to working in the US!
For more information on the H-1B visa process, check out the USCIS website or the US Department of Labor.
