H1B Specialty Occupation Visa
Regular processing: 3–6 months from petition filing. Premium Processing (Form I-907, additional fee) guarantees a decision within 15 business days. H1B visa stamping in India: 2–8 weeks.
- Toll Free: 1800-210-2427 / +91 77188 82427
- info@leamss.com
What is the H1B Specialty Occupation Visa (H1B) Visa?
The H1B visa is a non-immigrant work visa that allows US employers to temporarily employ foreign workers in specialty occupations requiring a minimum of a bachelor's degree or equivalent. It is the primary pathway for Indian professionals — particularly in IT, engineering, medicine, finance, and architecture — to work legally in the United States.
Who is Eligible?
1
Indian professionals with a job offer from a US employer
2
Minimum qualification: Bachelor's degree (or equivalent) in a relevant field
3
The role must qualify as a 'specialty occupation'
4
US employer must be willing to file a Labor Condition Application (LCA) and petition
5
Must be selected in the annual H1B lottery (cap-subject petitions)
6
Cap-exempt employers: universities, non-profits, government research organisations
Step-by-Step Application Process
1
Get a job offer from a US employer
You must have a full-time job offer from a US company that is willing to sponsor your H1B. The job must be a "specialty occupation" — meaning it needs at least a bachelor's degree. Examples: software engineer, doctor, accountant, architect, nurse.
2
Make sure you qualify
You need a bachelor's degree (or higher) in the field related to your job. For example, a software engineer role needs a CS or IT degree. Without the right degree, your petition can be denied.
3
Employer registers you in the H1B lottery (March 1–18)
Every year in March, employers submit your basic details online to USCIS and pay a $215 registration fee. This enters you into a random computer lottery. You cannot register yourself — only your employer can.
4
Find out if you are selected (late March)
USCIS randomly picks 85,000 people from all registrations — 65,000 general cap + 20,000 for US master's degree holders. Your employer checks the result online. If selected, you move forward. If not selected, you must try again next year.
5
Employer files Labor Condition Application (LCA)
Before filing your H1B, your employer must get an LCA approved from the US Department of Labor. This confirms the company will pay you at least the minimum wage for that job in that city. It takes 7 business days. Free of charge.
6
Employer files Form I-129 petition with USCIS
This is the main H1B application — your employer submits it to USCIS along with your degree certificates, job offer letter, LCA approval, and other documents. Filing fee is paid by the employer (usually $2,460–$4,000+).
7
Optional: Premium processing for faster decision
Normal processing takes 3–6 months. If your employer pays an extra $2,965 for premium processing, USCIS guarantees a decision within 15 business days. Many companies pay this to avoid delays.
8
USCIS approves petition — you receive Form I-797
If approved, USCIS sends an approval notice called Form I-797 to your employer. This is NOT the visa — it just means USCIS approved the petition. If you are already in the US on another visa, you can switch to H1B status now without going abroad.
9
Pay the MRV visa fee — $205
Pay the visa application fee at the authorized bank or portal for your country. Keep the receipt — you need it to book your consulate interview.
10
Fill the DS-160 form and book interview
Complete the online visa application at ceac.state.gov and schedule your interview at the nearest US Embassy or Consulate. Book early — H1B interview wait times can be long, especially in India.
11
Collect documents for the interview
Bring: valid passport, DS-160 printout, visa photo, MRV fee receipt, Form I-797 approval notice, Form I-129, LCA, job offer letter, your degree certificates, and salary details.
12
Give biometrics at VAC
Visit the Visa Application Centre to give fingerprints and photos before your interview day.
13
Attend the H1B visa interview
The consular officer will ask about your job role, employer, salary, and qualifications. Be ready to explain your job in simple terms. Since USCIS already approved the petition, most interviews are straightforward — takes 5–10 minutes.
14
Receive passport with H1B visa stamp
Passport is couriered back. Check the visa type (H-1B), your employer's name, validity dates, and job title. The stamp is usually valid for 3 years (extendable to 6 years total).
15
Travel to the US and start your job on October 1
H1B work always starts on October 1 — that is when the new visa year begins. You cannot start working before this date. At the US airport, CBP checks your visa, I-797, and passport and lets you in.
Required Documents
-
Valid passport
-
DS-160 confirmation page
-
Visa appointment letter
-
I-797 Approval Notice from USCIS
-
I-129 Petition
-
Educational certificates and transcripts
-
Professional experience letters
-
US employer offer letter and employment contract
-
LCA approval notice
-
Resume/CV
-
Passport-size photographs
Note : Additional documents may be requested based on profile assessment
Processing Time
3–6 months
Visa Application Fees
| Applicant Type | Fees |
|---|---|
USCIS Petition Filing Fee |
$730 (employer) |
ACWIA Training Fee |
$750 or $1,500 (employer, depending on size) |
Fraud Prevention Fee |
$500 (employer) |
Premium Processing (optional) |
$2,805 (employer) |
MRV Visa Stamping Fee |
$205 (applicant) |
Note : Fees are subject to change as per government updates.
Frequently Asked Questions
What is the H1B lottery and when does it happen?
Each year, USCIS opens registration in March. If applications exceed the 85,000 cap, a random lottery is conducted. Selected registrants can proceed with full petition filing.
