Why apply for a H-1B Visa?

• Apply for a US H-1B Visa to work legally in the United States.
• It is suitable for professionals with a bachelor’s degree in fields like IT, Finance, Architecture, Medicine, and Science.
• Earn a salary in US dollars, which is often much higher than salaries in India.
• The H-1B visa offers a clear pathway to a US Green Card.
• You can move to the USA with your spouse and children and settle there.

The US H-1B Visa is one of the most popular ways to work in the US. It is a visa that an employer must apply for on behalf of a specialized employee. Since the visa is granted to specialists, typically, applicants hold at least a bachelor's degree and are from fields such as IT, finance, architecture, medicine, science, etc. Y-Axis helps employers file H-1B petitions for their employees. We also help employees from across the world get hired by companies likely to sponsor them for an H-1B visa.

*Planning to Work in the USA? Start Here! View the H-1B Visa Flipbook.

What is H-1B Visa in USA?

The H-1B visa is a non-immigrant visa that allows US companies to employ graduate-level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as IT, finance, engineering, mathematics, science, medicine, etc. Here’s an overview of how the H-1B visa process generally works:

• Petition Filing: US employers start the process by filing a petition on behalf of the candidate they wish to hire with the United States Citizenship and Immigration Services (USCIS). The petition includes Labor Condition Application (LCA) approval from the Department of Labor (DOL), which ensures that hiring the foreign worker will not adversely affect the conditions of US workers.
• Cap and Lottery System: There is an annual cap on the number of H-1B visas issued each fiscal year – typically 65,000, with 20,000 of those reserved for applicants holding a master’s degree or higher from a US institution. Due to high demand, a lottery system is usually employed when the number of petitions exceeds the cap.
• Selection and Approval: If the petition is selected in the lottery, USCIS will review it. If approved, the foreign worker can apply for the H-1B visa at a US embassy or Consulate in their home country.
• Visa Application and Interview: Once the petition is approved, the foreign worker must apply for the H-1B visa with the Department of State (DOS) and may need to attend a visa interview.
• Admission to the United States: Upon visa approval, the beneficiary can enter the United States. The H-1B visa typically allows for an initial stay of up to three years, which can be extended to a maximum of six years.
• Change of Employer: H-1B workers can change employers, but the new employer must file a new H-1B petition for the employee.
• Dual Intent: Unlike some other visas, the H-1B is a dual-intent visa, meaning that holders can legally seek permanent residency in the US while on a temporary work visa.
• Portability: H-1B visa holders have the benefit of portability, allowing them to move between jobs, provided the new job is in a specialty occupation.

Throughout the process, there are numerous legal and regulatory steps to be followed, and the timing and specific requirements can vary based on individual circumstances and current immigration laws. The complexity of the process often necessitates legal advice or the assistance of an immigration professional.

US H-1B Visa Details

The H-1B Visa is one of the most competitive visas to apply for. Due to the annual visa cap, there is a huge demand from US employers applying for this visa. Additionally, since it is a route to a Green Card, it is one of the best visas to apply for working in the US.

Under the H-1B, successful petitioners can:

• Live and work in the US
• Extend the stay in the US
• Change employers during H-1B status
• Stay with their dependent spouse and children (under the age of 21) in the US.

*To know more about in-demand jobs in the US.

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Top In-Demand Occupations In USA

What is H1B Visa Lottery and How Does It Work?

The H-1B visa lottery is a random selection process used by USCIS when the number of registrations is higher than the yearly visa limit. Each year, the US offers 65,000 regular H-1B visas and 20,000 extra visas for applicants with a US master’s degree or higher. For the FY 2026 H-1B cap, the registration period took place in March 2025. When registrations exceed the limit, USCIS runs a computer-based lottery to choose eligible applicants. Only those selected in the lottery can move ahead and file a full H-1B petition. After selection, USCIS reviews the petition, and if approved, the applicant can apply for the visa and work in the US. Sometimes, USCIS may conduct additional lottery rounds if not all visa slots are filled.

Step-by-step process to apply for H1B visa lottery

Step 1: Register for the H1B visa

The registration is initially costly and requires both the employer and the employer's basic details

Step 2: Wait for the Selection

Once the registration process is done, the selection process is further applied via the lottery

Step 3: Notification

The registrant will be notified through their USCIS account, and they can file a petition during the filing period.

*Want to work in the US? Talk to Y-Axis for complete guidance.

H1B Visa Validity

The H1B visa is valid for 6 years. It is initially valid for 3 years and can be extended for three more years. After residing in the country for 6 years with an H1B visa, an applicant can apply for a Green Card.

• Once the validity expires, a foreign worker must either leave the US or obtain a different visa.
• If he does not comply, he can lose his legal status and can even be deported.

Steps to extend the H-1B visa

• Step 1: Check your eligibility for the H-1B extension
• Step 2: Gather required documents (passport, I-94, pay slips, LCA, approval notices)
• Step 3: Employer completes and submits Form I-129
• Step 4: Pay the applicable filing and optional premium processing fees
• Step 5: USCIS reviews the petition and may issue an RFE (if required)
• Step 6: Respond to RFE, if any
• Step 7: Receive USCIS decision (approval or denial)
• Step 8: Continue working under the 240-day automatic extension rule

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Are H 1bs Allowed To Work Multiple Jobs In USA

Eligibility Requirements for US H-1B VISA

To be eligible for an H-1B visa, candidates need to fulfill the requirements:

• Valid passport
• Have a bachelor's degree or Masters
• Have relevant 12 years of work experience in the field
• Offer of temporary professional position from a US employer/li>

Documents Required for US H-1B Visa

• A Bachelors or Master’s degree from the US (or an equivalent in your country)
• Or 12 years work experience
• Or a mix of education and work experience
• Approved Labor Certificate
• Get selected for Speciality occupation
• Willingness to work in the US
• Form DS-160 application

*To know more about US job market

Key Challenges in the H-1B Visa Application Process

Applying for an H-1B visa and sponsoring an H-1B candidate can come with a variety of challenges both for the applicants and the sponsoring employers:
For H-1B Visa Applicants:

• Lottery System: Due to the high demand for H-1B visas, the USCIS uses a random lottery system to select applicants.
• Documentation and Deadlines: The process requires meticulous attention to documentation. Any errors or missed deadlines can result in denial.
• Changing Policies: Immigration policies can change, impacting the interpretation and application of laws.
• Costs: The application process can be costly, especially when legal assistance is involved.
• Dependents' Ability to Work: H4 visa holders may obtain work authorization, subject to prevailing policies.

Read more...

Top in-demand occupations in the USA

 For H-1B Visa Sponsors (Employers):

• Costly Process: Sponsoring an H-1B visa involves filing fees and legal costs.
• Regulatory Compliance: Employers must comply with labor condition applications and ensure employment does not adversely affect US workers.
• Audits: Employers may face DOL audits to ensure compliance.
• Retention Concerns: Loss of an H-1B employee can lead to replacement challenges.
• RFEs: Requests for Evidence (RFEs) create additional hurdles for employers.

Throughout the H-1B visa process, both applicants and sponsors must navigate legal and procedural requirements. The dynamic nature of immigration policies, the competitive landscape, and the administrative burden present challenges for all parties involved.

When is the best time to apply for an H- 1B Visa?

The best time to apply for an H-1B visa is generally early in the year before the US government's fiscal year begins on October 1. The United States Citizenship and Immigration Services (USCIS) typically starts accepting H-1B petitions on April 1. Here's a timeline and considerations:
January to March: This is the period to start preparing H-1B visa petitions, including Labor Condition Application (LCA) approval from the Department of Labor.
April 1: USCIS begins accepting H-1B petitions. Due to the annual visa cap, it is crucial to submit on time.

After April 1: Once the cap is reached, USCIS will not accept new H-1B petitions. If selected in the H-1B lottery and approved, the beneficiary can start working on October 1.
Preparation should begin well in advance to:

• Establish eligibility for the H-1B program.
• Complete the LCA certification.
• Prepare a specialty occupation job description.
• Compile educational and professional documents.
• Prepare responses to Requests for Evidence (RFE), if issued by USCIS.
• Due to the competitive nature of the H-1B visa process, working with a knowledgeable immigration attorney or H-1B consulting firm is advisable.

How to get H-1B Visa from India?

Here are the steps to apply for H-1B visa

Step 1: Determine your visa type by reading Common Non-immigrant Visas. Each visa type explains the qualifications and application items. Choose the visa type that applies to your situation.

Step 2: The next step is to complete the Non-immigrant Visa Electronic Application (DS-160). Be sure to read the Guidelines for Completing the DS-160 Form carefully. All information must be correct and accurate. Once the form is submitted, you cannot make any changes.

Step 3: Once you have completed the DS-160, you must pay the visa fee.

Step 4: You will need to log in to your profile with the same credentials you used to pay your visa fee. You must schedule two appointments: one for the Visa Application Centre (VAC) and one for the visa interview at the US embassy or consulate.

Step 5: Ensure you take the required documents with you for the Visa Application Centre (VAC) appointment.

Step 6: After your visit to the Visa Application Centre for photo and fingerprints, you will visit the U.S embassy or consulate for the visa interview along with the required documents.

H-1B visa fees

The H-1B visa involves multiple government fees, and most are paid by the US employer. The H-1B lottery registration fee is USD 215 per applicant. Filing fees vary based on employer size and petition type. Premium processing is optional and speeds up the decision to 15 days. A temporary USD 100,000 fee may apply to certain new H-1B petitions filed from outside the US from September 2025, subject to legal review and policy changes. Here are the breakdowns of the processing fees for H-1B visa:

Fee Type	Amount (USD)	Who Pays
H-1B Lottery Registration Fee	$215	Employer
Form I-129 Filing Fee	$780 (regular) / $460 (small employers & nonprofits)	Employer
ACWIA Training Fee	$750 (1–25 employees) / $1,500 (26+ employees)	Employer
Fraud Prevention Fee	$500	Employer
Public Law 114-113 Fee	$4,000 (if applicable)	Employer
Asylum Program Fee	$600 (large) / $300 (small) / $0 (exempt)	Employer
Premium Processing (Optional)	$2,805	Employer / Employee (limited cases)
Temporary 2025 Fee	$100,000	Employer

How long does it take to process the H-1B Visa once it is applied for?

The processing time for an H-1B visa varies based on USCIS workload, petition accuracy, and whether premium processing is chosen.

Regular Processing: The standard processing time ranges from 2 to 6 months.

Premium Processing: By paying an additional $2,500, USCIS processes the petition within 15 calendar days.

Factors Affecting Processing Time:

• Service Center Workload
• Request for Evidence (RFE)
• Accuracy of the Application
• Visa Cap and H-1B filing period

After Visa Approval:

Once the H-1B visa petition is approved, the applicant must apply at a US embassy or consulate. Processing typically takes a few days to a few weeks.

Applicants should monitor the USCIS website and consult an immigration attorney or professional for the most accurate information.

How Y-Axis can help you?

The H-1B visa requires the highest quality documentation. Y-Axis ensures your application meets all benchmarks. Our teams assist with:

• Working at a branch, parent, affiliate, or subsidiary
• Job Search Assistance in the US
• Preparing documentation
• Complete Application Processing
• Forms, Documentation & Petition Filing

The H-1B Visa is a life-changing opportunity to work in the US. Y-Axis provides end-to-end support from job search to visa and PR application.

*Are you looking for step-by-step assistance for US Immigration? Talk to Y-Axis, the world’s No. 1 overseas immigration consultancy.