Why Apply for a US H-1B Visa?
The H-1B visa is a highly sought-after visa that allows skilled professionals to work in the United States. Here are some key benefits:
- Work legally in the US in a specialized occupation.
- Earn significantly higher wages (often 5x more than salaries in many other countries).
- Pathway to a Green Card and permanent residency.
- Opportunity to bring your family (spouse and children under 21) on an H-4 visa.
- Gain international work experience and career growth opportunities.
How Does the H-1B Visa Work?
The H-1B visa is a non-immigrant visa designed for highly skilled professionals in fields such as IT, finance, engineering, medicine, and science. The process involves:
- Petition Filing: A US employer must sponsor the applicant and file a petition with the USCIS.
- Cap and Lottery System: Due to high demand, a lottery system is used for selecting applicants. The annual cap is 65,000, with an additional 20,000 reserved for applicants with a US master’s degree.
- Approval Process: If selected, USCIS reviews the petition, and upon approval, the applicant applies for the visa at a US embassy.
- Visa Interview: The applicant attends an interview at the US consulate in their home country.
- Entry into the US: Once approved, the visa holder can live and work in the US for an initial three-year period, extendable up to six years.
- Change of Employer: H-1B holders can switch employers, but the new employer must file a new petition.
- Dual Intent: H-1B holders can apply for a Green Card while working in the US.
H-1B Visa Lottery System
Since applications exceed the annual cap, USCIS uses a random selection process. The registration period for the fiscal year 2025 took place in March and August 2024, with an 81% approval rate in 2023.
Step-by-Step Process for H-1B Visa Lottery:
- Register: Employers and employees submit registration details.
- Wait for Selection: USCIS conducts a random lottery.
- Notification: Selected candidates receive a notice and can proceed with filing a petition.
H-1B Visa Validity and Extensions
- Initially valid for three years.
- Extendable for another three years (total of six years).
- After six years, applicants must either apply for a Green Card or leave the US.
Eligibility for H-1B Visa
Applicants must meet the following criteria:
- Hold a valid passport.
- Have at least a bachelor’s degree.
- Possess 12 years of relevant work experience (or a mix of education and experience).
- Have a job offer from a US employer for a specialized position.
Required Documents for H-1B Visa
The visa process follows a point-based system (minimum 12 points required):
- Bachelor’s or Master’s degree (3 points per year of study).
- Work experience (1 point per year).
- Approved Labor Condition Application (LCA).
- Form DS-160 application.
Challenges for Applicants & Sponsors
For Applicants:
- Competitive lottery system.
- Changing immigration policies.
- Documentation errors can lead to denials.
- High costs, including legal fees.
- Dependents’ work restrictions.
For Employers:
- Expensive application process.
- Compliance with US labor laws.
- Potential audits by the Department of Labor.
- Risk of employee visa denial or job change.
Best Time to Apply for an H-1B Visa
- January to March: Prepare documents and secure an employer sponsor.
- April 1: USCIS opens petition submissions.
- After April: Lottery and approval process begins.
- October 1: Selected applicants can begin working.
How to Apply for an H-1B Visa from India
- Determine Visa Type: Choose the appropriate non-immigrant visa category.
- Complete DS-160 Form: Submit accurate details online.
- Pay Visa Fees: Complete payment through the designated portal.
- Schedule Appointments: One at the Visa Application Center (VAC) for biometrics and another at the US embassy for an interview.
- Attend VAC Appointment: Provide fingerprints and photos.
- Attend US Embassy Interview: Bring required documents and answer questions about employment.
H-1B Visa Fees
Fee Type | Employer | Employee |
Registration Fee | $215 | $215 |
I-129 Petition Fee | $460 – $780 | $460 – $780 |
Anti-Fraud Fee | $500 | $500 |
Premium Processing (Optional) | $2,805 | $2,805 |
Public Law 114-113 Fee | $4,000 | $4,000 |
Attorney Fees | $5,000 | $1,500 – $4,000 |
Training Fees | – | $750 – $1,500 |
Asylum Program Fee | $300 – $600 | $300 – $600 |
Processing Time for H-1B Visa
- Regular Processing: 2 to 6 months.
- Premium Processing: 15 days (additional fee required).
- Factors Affecting Processing: USCIS workload, Request for Evidence (RFE), and accuracy of the application.
Latest H-1B Visa Updates
- March 7, 2025: 2026 H-1B cap registration opens.
- January 31, 2025: Work permits extended from 180 to 540 days for Green Card and H-1B spouses.
- January 24, 2025: US President supports H-1B visa program to attract skilled talent.
- January 18, 2025: US opens a new consulate in Bengaluru, India, improving visa processing.
- January 7, 2025: Indian-origin tech firms received 1/5th of H-1B visas issued in 2024.
Start Your US Career Today!
Navigating the H-1B visa process can be complex, but EKASO – TAKA IMMIGRATION LAW CONSULTANTS PVT LTD is here to guide you. Contact us for expert assistance in securing your US work visa!