Last updated: June 2026
The H1B is still the most sought-after route for skilled Indian professionals to work in the United States, but the program looks very different in 2026 than it did even a year ago. A controversial $100,000 fee on certain petitions (introduced in 2025 and struck down by a federal court on June 8, 2026, though it might soon go under appeal), a wage-weighted lottery that replaced the old random draw, and a sharp rollback of the visa-interview-waiver ("Dropbox") program have all reshaped the path. This guide walks through the process step by step, with the current rules, visa processing fees and timelines, written specifically for applicants in India.
Quick reality check: You cannot apply for an H1B by yourself. A US employer has to sponsor you, register you in the annual lottery, and file the petition. Your job in the process is to land that sponsoring offer and then handle your own consular paperwork and interview.
What is H1B visa?
The H1B is a temporary, employer-sponsored work visa that lets US companies hire foreign professionals in "specialty occupations;" roles that normally require at least a bachelor's degree in a specific field. Think software engineering, data science, finance, architecture, medicine, and the sciences.
Two things to know up front:
- It's capped and lottery-based. Congress sets an annual limit of 65,000 regular visas plus 20,000 reserved for petitions filed on the behalf of beneficiaries with a US master's degree or higher, 85,000 in total. Because demand far exceeds supply, selection runs through a lottery (now wage-weighted).
It's a "dual intent" visa. Unlike most temporary visas, you're allowed to pursue a green card while on an H1B without it counting against you.
Who is Eligible for H1B Visa?
To qualify, both you and the job have to meet specific tests:
- The role must be a specialty occupation: a job that genuinely requires at least a bachelor's-level degree in a specific field.
- You must hold a relevant bachelor's degree (or higher). A four-year Indian bachelor's degree in the relevant field generally works; otherwise an evaluation establishes US-equivalency.
- If you don’t have the required degree, the "three-for-one" rule may apply: USCIS counts three years of specialized work experience as equivalent to one year of university education. So twelve years of qualifying, progressively responsible experience can substitute for a four-year degree.
- Your employer must file a Labor Condition Application (LCA): with the Department of Labor, attesting to pay you at least the prevailing wage and to fair working conditions.
A genuine employer–employee relationship: must exist between you and the sponsor.
How to Apply for H1B visa: Step by Step Process
Step 1: Find a US employer willing to sponsor you
Everything starts here. You need a job offer from a US company that is prepared to file an H1B petition. Sponsorship costs the employer real money (see the fee table), so this is the hardest and most important step.
Step 2: Your employer registers you in the electronic lottery
Each spring, USCIS opens a short electronic registration window (typically the first half of March). Your employer creates a USCIS organizational account, registers you as a beneficiary, and pays a $215 registration fee per registration. You do not register yourself.
Step 3: The wage-weighted selection
If registrations exceed the cap, USCIS runs a selection. As of the FY2027 season this is no longer a pure random draw, it's weighted by wage level. Selection results are usually published by the end of March.
Step 4: If selected, your employer files the full petition
Selected registrants get a roughly 90-day window (around April 1 to June 30) to file Form I-129 with USCIS, along with the approved LCA and supporting documents.
Step 5: Adjudication
USCIS reviews the petition. The employer can pay extra for premium processing to get a decision in 15 business days. USCIS may issue a Request for Evidence (RFE) asking for more documentation.
Step 6: Visa stamping (if you're in India)
Once the petition is approved, you complete Form DS-160, pay the $205 visa (MRV) fee, book an appointment, and attend your H1B visa interview at a US consulate. After approval, your passport is returned with the H1B visa stamp.
Step 7: Enter the US
H1B employment can begin no earlier than October 1 of the relevant fiscal year.
What documents do you need to furnish for your H1B visa?
The documents that you need to furnish to apply for an H1B visa from India are:
- Passport
- Labour Certificate Approval
- Appointment letter from your employer
- Tax return papers of the company
- Copy of the letter sent to the department of Justice and the Consular General of the Indian Consulate
- Copy of our official degrees
- Post Graduation certificate (if any)
- Appointment and relieving letter from all your previous employers
- Prior dates of stay in the US before the H1B visa
- Copy of the current US or temporary license
- Copy of resume with certificates
- Two demand drafts, one for $45 as a processing fee and another $100 for the issuance fee
- 2-3 passport-sized photographs
- If you have applied for an H-4 visa, then you must submit your children's birth certificate and marriage certificate
The Big 2026 Changes You Must Understand
The $100,000 fee: struck down in June 2026, but not settled
Latest update (June 8, 2026): A federal judge in the District of Massachusetts struck down the $100,000 H1B visa fee, ruling in California et al. v. Trump that it was an unlawful tax imposed without congressional approval, in violation of the Administrative Procedure Act and the Constitution. The fee is not currently enforceable. However, the government has said it will appeal, and a separate DC federal court had previously upheld the same fee in December 2025. With two courts disagreeing and appeals pending, the fee's status remains in flux, duly verify the current position before filing.
The background: a Presidential Proclamation signed on September 19, 2025 (effective September 21, 2025) imposed a one-time $100,000 payment on certain new H1B petitions. It was always narrower than headlines implied.
It applied when: the petition was new, filed on or after September 21, 2025, and the worker was outside the US without a valid H1B visa at the time of filing (i.e. consular cases). This is precisely the group of applicants filing from India, which is why the June 2026 ruling matters so much here.
It never applied to:
- Petitions filed before September 21, 2025.
- People who already hold a valid H1B visa or status.
- Change-of-status, extension, amendment, and change-of-employer petitions for people already inside the US, so most F1 students converting to H1B from within the US were always exempt.
Where this leaves you: as of now, the fee has been vacated and should not be charged on new consular-processing petitions. But because the administration is appealing and an earlier court reached the opposite conclusion, treat this as a live, moving issue. Confirm the status with USCIS guidance and your employer's immigration counsel at the time your petition is filed.
The wage-weighted lottery
DHS finalized a Weighted Selection Process rule (effective February 27, 2026, first used for the FY2027 cap) that replaces the random lottery. Here's the mechanic:
- Each beneficiary's offered wage is mapped to one of four OEWS wage levels (I-IV) for that occupation and location.
- You get more entries in the selection pool the higher your wage level, up to four entries, with Level IV carrying roughly four times the weight of Level I. Everyone still gets at least one entry.
- It remains beneficiary-centric. One unique person, regardless of how many employers register them.
- If multiple employers register the same person at different wage levels, USCIS uses the lowest wage level among those registrations for weighting.
What this means for you: entry-level (Level I) offers now have meaningfully lower odds than they did under the old coin-flip system. A higher offered wage isn't just about take-home pay anymore, it directly improves your chance of being picked.
What are the Documents Required for H1B Visa?
For the petition stage (your employer assembles most of this):
- Approved Labor Condition Application (LCA)
- Form I-129 with the H supplement and the registration selection notice
- Your degree certificates and transcripts (plus a credential evaluation if your degree is foreign)
- Detailed job description and proof the role is a specialty occupation
- Employment offer/appointment letter and the company's supporting financials
- Resume and evidence of relevant experience
For your consular interview in India:
- Valid passport (and old passports, if any)
- DS-160 confirmation page and visa appointment confirmation
- I-129 approval notice (Form I-797)
- Copy of the LCA and the full petition package
- Recent passport-size photographs meeting US specs (see below)
- Employment verification letter and recent pay records (for renewals/transfers)
- For dependents (H-4): marriage certificate and children's birth certificates
Photo requirements
- Taken with a digital camera, color, plain background
- Minimum 600 x 600 pixels (square)
- JPEG format, file size 240 KB or smaller
H1B Visa Fees: Cost Breakdown
Most petition fees are paid by the employer; the applicant typically pays only the consular fees.
H1B Visa Duration, Extensions, and What Happens If You Lose Your Job
- Initial validity: up to 3 years, extendable to a total of 6 years.
- Beyond 6 years: possible under the American Competitiveness in the 21st Century Act (AC21) if your green-card process is underway, for example, one-year extensions when a PERM or I140 has been pending 365+ days, or three-year extensions if you have an approved I140 but your priority date isn't yet current.
- If you lose your job: you generally get a grace period of up to 60 days (or until your I-94 expires, whichever is shorter) to find a new sponsoring employer, change status, or depart.
The India-Specific Consular Reality
Indian applicants face a few well-documented friction points worth planning around:
- Expect an in-person interview. With the Dropbox rollback, first-time H1B stamping almost always means a consular interview. Book early, appointment availability in India fluctuates.
- 221(g) administrative processing: Some applicants are issued a 221(g) notice after the interview, putting the case into additional review that can take weeks to months. It can be triggered by the nature of the employer's work, the role, missing documents, or sometimes appears random. Carry a complete, consistent document set and make sure your DS-160 matches your petition exactly.
- Third-country stamping (e.g., from Canada or elsewhere): is no longer an option. The US Department of State ended TCN visa processing for H1B applicants in 2025.
Key Dates 2027: H1B Visa Timeline
Planning ahead: the FY2028 registration window is expected around March 2027, following the same general pattern. If you're job-hunting now, line up a sponsoring employer well before then so they can register you in time.
What are the ways employers petition for an H1B visa?
The employers' petition for the H1B visa in two ways:
- Form ETA-9035: Your employer can get this form off the US Department of Labor's FLAG system, where the Labor Condition Attestation needs to be done. Once the employer assures them that they will provide the employee with a fair salary and equal benefits like a US citizen, further processes can take place.
- Form I-129 is the petition for non-immigrant workers and is filed along H supplement. After that, it is submitted to the LCA, along with supporting documents, and it is filed in the USCIS Regional Service Centre, which has jurisdiction over the city of planned employment. Once your employer approves Form I-797, a copy is forwarded to the American Consulate.
What are the benefits of the H1B visa?
The benefits of the H1B visa are:
- There is no set bracket on the number of H1B visas an individual can hold
- H1B visa holders can also apply for Green Card or Lawful Permanent Residency for themselves and their families after the duration of their visa is over
- If your employer is terminating your H1B visa before the due date, the employer has to pay for transportation costs to the visa holder
- If an H1B worker changes employers, the new employer must file a new H1B petition. However, this does not reset the six-year H1B clock; time spent in H1B status with previous employers generally counts toward the six-year maximum. Similarly, an H4 holder changing to H1B does not automatically receive a fresh six-year period. If they have previously used H1B time, they are typically granted only the remaining eligible H1B duration unless they qualify for a new six-year term under the immigration rules.
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FAQs
How to apply H1b visa from India individually?
No. Only a US employer can register and petition for you.
Does the $100,000 fee apply to me?
As of June 8, 2026, a federal court struck the fee down and it is not currently enforceable, but the government is appealing and the status could change. Even when it was in force, it only applied to new petitions for people outside the US without a valid H-1B visa; anyone changing status inside the US (for example, from F-1) was exempt. Confirm the live position with your employer's immigration counsel before filing.
Does a higher salary really improve my lottery odds now?
Yes. Under the weighted system, higher OEWS wage levels get more entries, so a Level IV offer has a far better chance than a Level I offer.
Will I have to attend an interview, or can I use Dropbox?
You will have to attend an in-person interview. The Dropbox program has been eliminated for almost all the non-immigrant work visas.
How many times can I enter the lottery?
There's no personal limit. However, you can enter the lottery once a year for each sponsoring employer. You can be registered in successive years until you're selected or until you no longer need the cap (for example, if you move to a cap-exempt employer).
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