Overview
There are two stages. First, the US employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. Second, once the petition is approved, you apply for the visa and attend an interview at a US Embassy or Consulate in India.
These are temporary (nonimmigrant) categories. Permanent, employment-based immigrant visas are a separate system and are not covered here.
A B-1/B-2 visitor visa does not authorise employment in the United States.
Work routes
| Route | Who it is for | Job offer or sponsor needed? |
|---|---|---|
| H-1B, specialty occupations | Workers in jobs that need at least a bachelor’s degree in a directly related field | Yes. Employer registration, labor condition application and petition |
| L-1A, intracompany transferee | Executives and managers transferred from an affiliated foreign office | Yes. The employer files the petition; no annual lottery |
| O-1, extraordinary ability or achievement | People at the very top of their field in sciences, education, business, athletics or the arts | Yes. A US employer or agent files the petition |
| H-4, L-2 and O-3 | Spouses and unmarried children under 21 of the principal worker | Derived from the principal’s status |
USCIS and the Department of State list further temporary worker categories with their own criteria.
Eligibility
H-1B
- A job that requires highly specialised knowledge and a bachelor’s degree or higher in a directly related field.
- A US bachelor’s degree or higher, an equivalent foreign degree, an unrestricted state licence, or equivalent experience.
- A labor condition application certified by the Department of Labor, covering wages and working conditions.
- Selection in the annual cap: 65,000 visas, plus 20,000 for holders of a US master’s degree or higher.
- Jobs at universities, affiliated nonprofits and nonprofit or government research organisations are exempt from the cap.
L-1A
- A US employer transferring an executive or manager from one of its affiliated foreign offices.
- Also possible when a foreign company sends an executive or manager to set up a US office.
- The employer files Form I-129; blanket petitions exist for some employers.
O-1
- O-1A: extraordinary ability in the sciences, education, business or athletics.
- O-1B: extraordinary ability in the arts, or extraordinary achievement in motion pictures or television.
- A written advisory opinion from a peer group or expert in your field.
- The petition must be filed at least 45 days before the work starts and no more than one year ahead.
Job offer and sponsorship
Every route here needs a US petitioner. You cannot apply for an H-1B, L-1 or O-1 on your own; a US employer, or for O-1 a US agent, must file the petition.
For a cap-subject H-1B, the employer must first register you electronically in March. USCIS now runs a weighted selection based on the wage level of the offered job, under a rule that took effect on 29 December 2025.
Who does what
Work visa applications fail most often when it is unclear who is responsible for which step. This is how the duties are split.
What the employer does
- Register you for the H-1B cap and pay the registration fee.
- Obtain a certified labor condition application.
- File Form I-129 with the filing fee and the additional statutory fees.
- For new H-1B petitions for workers outside the US, make the USD 100,000 payment required by the September 2025 proclamation, where it applies.
- File a new petition if your job or employer changes.
What you do
- Provide degree, licence and experience evidence for the petition.
- After approval, complete the online visa application and pay the visa fee.
- Schedule and attend the visa interview in India.
- Carry your petition approval details to the interview.
- Keep to the employer and role in the approved petition.
Documents
Common documents
- Valid passport
- Online nonimmigrant visa application confirmation
- Receipt for the visa application fee
- Details of your approved petition
- Degree certificates and transcripts
- Photograph meeting US visa requirements
Route-specific documents
| Route or case | Additional documents |
|---|---|
| H-1B | Evidence of your degree or equivalent, and any required licence; The certified labor condition application held by your employer |
| L-1A | Evidence of your employment with the affiliated foreign office and your executive or managerial role |
| O-1 | Evidence of extraordinary ability or achievement; Written advisory opinion from a peer group, labour organisation or expert |
For photo sizes and background rules, see our visa photo requirements tool.
How to apply
Secure a job offer from a US employer willing to petition for you.
For a cap-subject H-1B, the employer registers you during the March registration period and waits for the selection result.
The employer obtains a labor condition application (H-1B) and files Form I-129 with USCIS. Selected H-1B petitions can be filed from 1 April.
USCIS decides the petition.
Complete the online visa application and pay the USD 205 fee.
Schedule and attend your interview at the US Embassy or a Consulate in India.
Travel to the United States; H-1B employment can start from 1 October of the fiscal year.
Fees
| Fee | Amount | What it covers |
|---|---|---|
| H-1B registration | USD 215 per beneficiary | Paid by the employer to enter the cap selection; non-refundable |
| Form I-129 filing fee, H-1B | USD 780; USD 460 for small employers and nonprofits | Paid by the employer |
| Asylum Program Fee | USD 600; USD 300 for small employers | Paid by the employer with Form I-129 |
| Fraud Prevention and Detection fee | USD 500 | Paid by the employer for an initial H-1B or a change of employer |
| Payment under the September 2025 proclamation | USD 100,000 | Required from the employer for certain new H-1B petitions; see the note below |
| Premium processing | USD 2,965 | Optional faster USCIS processing, from 1 March 2026 |
| Visa application fee | USD 205 | Paid by you for H, L, O and other petition-based visas, whether or not the visa is issued |
The USD 100,000 payment applies to H-1B petitions filed on or after 21 September 2025 for workers outside the US who do not hold a valid H-1B visa. USCIS reports that a federal court vacated the guidance implementing it between June and July 2026, that the government has complied while it considers next steps, and that collection will resume if the order is lifted. Employers may also owe an ACWIA training fee and, from 9 September 2026, a 9-11 biometric fee if more than half of a workforce of 50 or more holds H-1B or L-1 status.
Processing time
| Stage or route | Official timeframe |
|---|---|
| H-1B cap registration | A fixed window each March; for fiscal year 2027 it ran from 4 to 19 March |
| Petition processing at USCIS | Varies; premium processing is available for a fee |
| Visa interview in India | Depends on appointment availability |
There is no single processing time. The H-1B calendar is fixed by the cap: registration in March, filing from 1 April, and work from 1 October.
Validity and renewal
| Route | Validity | Renewal and conditions |
|---|---|---|
| H-1B | Up to 3 years initially | One extension of up to 3 years, for a maximum of 6; longer only where a green card process has reached certain stages |
| O-1 | Up to 3 years initially | Extensions in increments of up to 1 year |
| L-1A | Set by USCIS for the classification | Maximum periods differ for L-1A and L-1B |
Family and job changes
Dependants
Spouses and unmarried children under 21 can apply for dependent status: H-4 for H-1B, O-3 for O-1. O-3 dependants cannot work but may study.
Certain H-4 spouses can apply for employment authorisation if the H-1B holder has begun the process for employment-based permanent residence.
Changing employers
H-1B workers can change employers once the new employer files a non-frivolous Form I-129; you may start with the new employer while the petition is pending. If it is denied, you have up to 60 days, or until your authorised stay ends if sooner, to find new employment or leave.
On an O-1, a new employer must file its own Form I-129. Moving from a cap-exempt H-1B employer to a cap-subject one requires going through cap registration.
Common mistakes
- Assuming you can apply for an H-1B yourself: the employer must register and petition.
- Missing the March registration window.
- A degree that is not directly related to the job.
- Not checking whether the USD 100,000 payment applies to a new petition.
- Working for a new employer before its petition has been filed.
- Taking up employment on a B-1/B-2 visitor visa.
How we can help
My Visa Assistance provides visa information, document checklists and application support. For a work visa or permit, that means:
- An assessment call to identify which route fits your job offer and profile.
- A personalised document checklist for that route.
- Help completing the application forms and booking appointments.
- A review of your file before you submit it.
What we do not do: we are not a recruitment agency or a registered recruiting agent, we do not arrange jobs or employer sponsorship, and we cannot guarantee approval. Decisions are made only by the government authorities.
Send us an enquiry or call +91 85518 05523. If you are travelling as a visitor instead, see our USA visa guide.
FAQs
There are 65,000 new H-1B visas each fiscal year, plus 20,000 for people with a US master’s degree or higher. Jobs at universities, affiliated nonprofits and certain research organisations are exempt.
The employer registers each worker electronically during the March window and pays USD 215 per beneficiary. USCIS then runs a weighted selection based on the wage level of the offered job, and selected employers can file petitions from 1 April.
A September 2025 proclamation requires employers to pay USD 100,000 for H-1B petitions filed on or after 21 September 2025 for workers outside the US without a valid H-1B visa. USCIS reports that a court vacated the implementing guidance in mid-2026 and that collection will resume if that order is lifted, so check the current status before filing.
Up to 3 years initially, with an extension of up to 3 more, for a maximum of 6 years. Further extensions are possible in specific green card situations.
The visa application fee for petition-based categories such as H, L and O is USD 205. The petition fees are paid by the employer.
H-4 spouses can apply for work authorisation only in certain cases, where the H-1B holder has started the employment-based permanent residence process. O-3 dependants cannot work.
Yes. The new employer files Form I-129 and you can start working for it once the petition is filed. If it is denied you have up to 60 days to find new employment or depart.
It is for people with extraordinary ability in the sciences, education, business, athletics or the arts. A US employer or agent files the petition with an advisory opinion from a peer group, and the initial stay is up to 3 years.
Official sources
Last verified: . The facts on this page come from these official pages. Immigration rules, fees and timeframes change, so confirm them before you apply.
- USCIS: H-1B specialty occupations
- USCIS: H-1B electronic registration process
- USCIS: H and L filing fees for Form I-129
- USCIS: premium processing fees
- USCIS: L-1A intracompany transferee executive or manager
- USCIS: O-1 visa
- US Embassy and Consulates in India: apply for a nonimmigrant visa
What we could not verify
- The status of the USD 100,000 H-1B payment is under litigation and may change.
- ACWIA fee amounts, L-1 maximum stay periods and current interview wait times in India were not confirmed.
- The State Department’s visa pages blocked our connection, so the visa-stage details come from the US Embassy in India.