๐ฎ๐ณ India โ ๐บ๐ธ United States: Entry Requirements
An employer-led process โ registration and selection, a USCIS petition, and only then your visa application.
โ Verified ยท 7 November 2026
| Requirement | What the official source says | Source |
|---|---|---|
| Who starts the process | A U.S. employer sponsors you โ there is no self-application H-1B begins with a U.S. employer, not with you: the job must be a specialty occupation โ one that normally requires a bachelorโs degree or higher in a directly related field โ and the employer is the petitioner at every stage. The prospective employer files the petition on your behalf. |
USCIS โ H-1B Specialty Occupations Checked 7 November 2026 |
| Step 1 โ registration & selection | Your employer registers you in the annual cap selection โ $215 per registration (FY 2027) Before any petition, the employer electronically registers you for the fiscal yearโs cap selection and pays the non-refundable registration fee โ $215 per beneficiary for the FY 2027 cap. The registration period runs for a short window each year (the FY 2027 period ran 4โ19 March 2026, and that cap has since been reached). USCIS then runs a selection among the registrations; only a selected registration allows the employer to file a petition. The caps are 65,000 (regular) plus 20,000 for holders of a U.S. advanced degree. |
USCIS โ H-1B Electronic Registration Process Checked 7 November 2026 |
| Step 2 โ the petition (Form I-129) | Employer files Form I-129 with USCIS after selection If your registration is selected, the employer first obtains a certified Labor Condition Application (Form ETA-9035) from the Department of Labor, then files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. The petition and its filing fees are the employerโs side of the process โ separate from the visa fee you pay later. |
USCIS โ H-1B Specialty Occupations Checked 7 November 2026 |
| Step 3 โ your visa application | Only after petition approval: DS-160 and an interview Your part comes last: once USCIS approves the petition, you apply for the H-1B visa with the Department of State โ complete the DS-160 and attend an interview at the U.S. Embassy or a consulate in India. The visa lets you travel to a port of entry and ask CBP for admission in H-1B status. |
USCIS โ H-1B Specialty Occupations Checked 7 November 2026 |
| Visa application fee | $205 The petition-based nonimmigrant application processing fee; the H temporary-worker category sits in this tier. You pay it for your own visa application, after the petition is approved โ it is separate from the employerโs registration and petition costs. The fee is non-refundable, including after a refusal. |
travel.state.gov โ Fees for Visa Services Checked 7 November 2026 |
| Documents for the interview | Passport, DS-160 confirmation, fee receipt, photo, petition receipt number Take a passport valid for at least six months beyond your period of stay, the DS-160 confirmation page, the application fee payment receipt, a printed photo if the DS-160 upload failed, and the petition receipt number from your approved Form I-129 petition (the Notice of Action, Form I-797). You will also need the receipt number to book the interview. |
travel.state.gov โ Temporary Worker Visas Checked 7 November 2026 |
| Timing & interview waits | Interview waits vary โ apply as soon as the petition is approved Wait times for interview appointments vary by location, season and visa category, and the Department of State advises applying early. Our Visa Wait Times page carries the State Departmentโs current estimates for the India posts. |
travel.state.gov โ Temporary Worker Visas Checked 7 November 2026 |
Turn this route into a preparation checklist: Destination Ready โ ๐ฎ๐ณ India โ ๐บ๐ธ United States Work (H-1B).
Guides for this route
- H-1B Visa Explained for Employees: What It Is, Who Files It, and How the Process Works
- H-1B Registration and the Lottery: How USCIS Selects Who Can File, Explained for Workers
- H-1B Visa Stamping After Petition Approval: The Consular Interview Guide
Corrections & updates
- 7 November 2026 โ Cell created from passage-level reads of USCIS (H-1B Specialty Occupations; H-1B Electronic Registration Process) and travel.state.gov (Temporary Worker Visas; Fees for Visa Services) on the day. The steps are printed in USCISโs order: the petition comes before the visa application.
- 7 November 2026 โ Round 79: Destination Ready checklist added โ the steps keep this cellโs petition-first order, with the employerโs steps framed as the employerโs.
General information only. This guide is based on official sources publicly available and checked on the date shown on this page. Visa rules change, and consular and USCIS officers decide every case on its own facts โ nothing here is a confirmation or a guarantee for your individual case, and this is not legal advice. Always confirm the current requirement on the official page linked in this guide before you act, and consider a qualified immigration attorney for your specific situation.