Indian applicants · United States of America
H-1B Specialty Occupation for Indian citizens
Employer-sponsored non-immigrant visa for specialty occupations requiring a bachelor’s degree or higher.
- Processing time
- Regular: 2–8 months (varies by service centre). Premium processing: 15 business days.
- Government fees
- I-129 base USD 780 (for most employers), plus ACWIA (USD 750/1,500), fraud prevention (USD 500), asylum program fee (USD 600), plus USD 215 registration. Premium processing USD 2,805.
- Typical duration
- Initial 3 years; extendable to 6 years (longer with approved I-140).
- Sponsor required
- Yes
- Leads to settlement
- No
Bilateral context
No nationality-specific treaty frameworks apply to this combination.
Consular processing: Mumbai / New Delhi / Chennai / Hyderabad / Kolkata
Tourist entry vs. this route
Indian nationals require a visa for any entry into United States of America. The H-1B Specialty Occupation is one of the routes available; tourist entry is a separate application.
Visa overview
The H-1B allows US employers to temporarily employ foreign workers in specialty occupations. The program is subject to an annual statutory cap (65,000 regular plus 20,000 US-master’s exemption) and most cap-subject applications must first be registered in the March electronic lottery. H-1B workers may be dual-intent, and many transition to employer-sponsored green cards (EB-2/EB-3).
Additional sources
Primary source
DOL — Labor Condition Application (LCA) ↗ · U.S. Department of Labor
Link last verified:
Eligibility
Typical criteria
- ✓The role must qualify as a specialty occupation, normally requiring a US bachelor’s degree or higher in a specific field.
- ✓The beneficiary must hold the required degree or an equivalent combination of education and experience (three years of experience substitutes for one year of education).
- ✓The sponsoring employer must file a certified Labor Condition Application with the Department of Labor before filing Form I-129.
- ✓For cap-subject filings, the employer must first register the beneficiary in the electronic H-1B registration (March) and be selected.
Common blockers
- !Generic IT job descriptions that fail to establish a specialty-occupation link to a specific degree field.
- !Third-party placement without itineraries and end-client documentation.
- !Wages offered below the DOL-certified prevailing wage level.
Typical evidence
- ·Certified LCA (ETA-9035), Form I-129 with H supplement, and employer support letter.
- ·Beneficiary’s degree certificate and transcripts, with credential evaluation if the degree is non-US.
- ·Detailed description of duties linking the role to the specialty occupation.
Application pathway
Employer files LCA with DOL
Labor Condition Application attests to prevailing wage and working conditions.
Electronic registration (cap-subject cases)
Employer registers the beneficiary in the March lottery and pays the registration fee.
File Form I-129 petition
If selected (or cap-exempt), employer files the H-1B petition with USCIS.
Consular processing or change of status
Beneficiary applies for an H-1B visa stamp abroad, or changes status inside the US.
Commence employment on 1 October (cap cases)
Cap-subject employment starts at the beginning of the new fiscal year.
Other United States of America routes covered for Indian applicants
L-1A Intracompany Transferee (Executive or Manager)
Intracompany transfer for executives or managers moving to a US office of a related multinational employer.
L-1B Intracompany Transferee (Specialised Knowledge)
Intracompany transfer for employees with specialised knowledge of the employer’s products, services, or processes.
O-1 Individuals with Extraordinary Ability or Achievement
Visa for individuals with extraordinary ability in sciences, education, business, athletics (O-1A) or the arts/film/television (O-1B).
EB-1A Extraordinary Ability (Immigrant)
Employment-based first-preference green card for individuals with extraordinary ability — self-petitionable.
EB-2 National Interest Waiver (NIW)
Second-preference green card with a waiver of the job offer and PERM labor certification, where the beneficiary’s work is in the US national interest.
EB-3 Skilled, Professional, and Other Workers
Third-preference employment-based green card requiring employer sponsorship and PERM labor certification.
EB-5 Immigrant Investor Program
Permanent residence through investment in a new US commercial enterprise that creates at least 10 full-time jobs.
F-1 Student Visa (with OPT and STEM OPT)
Non-immigrant student visa for academic study at a SEVP-certified institution, with post-study OPT employment authorisation.
K-1 Fiancé(e) of US Citizen
Non-immigrant visa allowing the fiancé(e) of a US citizen to enter the US to marry within 90 days and then apply for a green card.
Spouse of US Citizen or Green Card Holder (IR1/CR1 & F2A)
Permanent residence for the spouse of a US citizen (IR1/CR1) or lawful permanent resident (F2A preference).
Comparable routes in other destinations
Frequently asked questions
Are Indian citizens eligible for the H-1B Specialty Occupation?+
Eligibility for the H-1B Specialty Occupation is set by U.S. Citizenship and Immigration Services and is not nationality-restricted. See the criteria below for the published requirements.
Where do Indian applicants typically file the H-1B Specialty Occupation?+
Mumbai / New Delhi / Chennai / Hyderabad / Kolkata. Specific intake (online portal, biometrics centre, or in-country lodgement) is determined by U.S. Citizenship and Immigration Services — confirm the current intake channel on the primary source linked above before filing.
Do Indian applicants need a tourist visa for United States of America as well?+
Indian nationals require a visa for any entry into United States of America. The H-1B Specialty Occupation is one of the routes available; tourist entry is a separate application.
How is the H-1B lottery structured?+
USCIS runs an electronic registration process in March. Selections are made first against the 65,000 regular cap, then against the 20,000 advanced-degree exemption for US-master’s holders. Cap-exempt employers (higher education, certain non-profits, governmental research) are not subject to the lottery.
Can an H-1B applicant self-petition?+
No. The H-1B requires a sponsoring US employer. Individuals without an employer sponsor typically consider O-1 (extraordinary ability), EB-2 National Interest Waiver, or entrepreneurial routes such as the International Entrepreneur Rule.
Does H-1B allow dual intent?+
Yes. H-1B is a dual-intent visa. Filing an immigrant petition (I-140) or a labor certification does not in itself affect H-1B status.