How to Get the US H-1B Work Visa

From lottery to landing. The complete playbook for skilled Indians.

Timeline

6-18 months

Cost

$5,000-10,000 (employer-paid)

Requirement

Bachelor's degree + US job

10-Step H-1B Process

Total Cost Breakdown

Expense ItemAmount
H-1B registration fee (employer pays)$215
I-129 filing fee (employer pays)$780
Anti-fraud fee (employer pays)$500
ACWIA training fee (employer pays, varies)$750-1,500
Asylum program fee (employer pays)$600
MRV visa fee (your cost, if consular processing)$205
Premium processing optional (employer pays)+$2,805
Immigration attorney (often employer pays)$2,000-5,000

Total estimate: $5,650-$11,705 (mostly paid by employer)

Your out-of-pocket cost is minimal if employer covers filing fees. Only visa fee ($205) and relocation expenses are typically your responsibility.

Timeline: March to October

March 1-18

H-1B registration window

March 31

Lottery results announced

April 1+

H-1B petition filing begins

April-June

Petition processing (3-6 months regular)

June-July

I-797 approval received

June-August

Consular processing / visa stamp (if outside US)

September

Prepare to move to US

Sept 25-30

Arrive in US

October 1

H-1B status begins, start work

Total time: 6-9 months from registration to starting work. Can be faster with premium processing or if already in US.

Document Checklist

Passport

Identity

Bachelor's degree certificate & transcripts

Education

Credential evaluation (if degree from non-US university)

Education

Employment offer letter

Employment

Job description / duties

Employment

Company tax returns (last 2 years)

Company

Company annual report / org chart

Company

Resume/CV

Personal

Prior US visa stamps / travel history

Immigration

LCA certification from DOL

Immigration

H-1B vs Other Work Visas

Visa TypeDurationSponsorshipPathGreen Card
H-1B3 years (extendable to 6)Employer-sponsoredJob offer → Registration → Lottery → Petition → VisaPossible (long backlog for India)
L-11-3 years (extendable to 5-7)Transfer within same companyWork abroad first → Internal transferPossible, but fewer paths
O-13 years (extendable)Requires extraordinary abilityDifficult to qualifyPossible but requires high profile

Frequently Asked Questions

Can I change employers on H-1B?

Not directly. If you want to change jobs, your new employer must file a new H-1B petition for you. This is called an "H-1B transfer." Good news: No new lottery needed. The process is faster (4-6 weeks if filed concurrently).

What if I'm not selected in the lottery?

You can try again next year. Alternatively, explore L-1 transfer (if your company has US offices), O-1 visa (if you have extraordinary ability), or extended OPT (if you're a US graduate). Canada PR is also an option.

Can my spouse work on H-4?

H-4 visa holders historically cannot work. However, if you have an approved I-140 (green card petition), your spouse can apply for H-4 EAD (work permit) and work anywhere, not just your employer.

What if I want to start my own business?

You cannot start a business while on H-1B. You're tied to your sponsoring employer. You'd need to switch to E-2 investor visa or wait for green card to start a business.

How long until I get a green card?

For Indians: EB-2 is 10-15+ years, EB-3 is 10+ years. The India green card backlog is the hardest part. Plan for 10+ years or explore Canada/Australia as alternatives.

Do I need a lawyer?

Not legally required, but highly recommended. Immigration law is complex. Most employers hire lawyers (they usually pay). A good lawyer costs $2,000-5,000 but saves headaches.

Can I work remotely from India on H-1B?

Not long-term. H-1B requires you to maintain US presence. You can travel, but you can't maintain H-1B status by working from abroad indefinitely.

What if my employer pays me less than prevailing wage?

That's a violation. The employer must pay the DOL prevailing wage for your role + location. If they pay less, report it to DOL or hire a lawyer.

Official Resources & Tools

Key Takeaways

  • 1.You need a job offer first. H-1B is employer-sponsored. No job = no visa.
  • 2.The lottery is tough. 1 in 3-4 odds. Have a backup plan (Canada, Australia, extended OPT).
  • 3.Employer pays most costs. Filing fees (~$3,600-6,900) are the employer's responsibility, not yours.
  • 4.Green card backlog is real. 10-15+ years for Indians. Plan accordingly.
  • 5.Timeline is 6-9 months. March registration → October start. Be patient and organized.

Ready to Start Your H-1B Journey?

Use SetuEdu's tools to benchmark your salary, compare visa options, and track your immigration timeline.

Important Disclaimer

SetuEdu is not a visa agent or immigration consultant. This page provides general information for educational purposes only. Visa requirements and processes change frequently. Always verify current requirements with the official embassy, consulate, or immigration authority of the United States before applying. We strongly recommend consulting official government sources and, if needed, registered immigration advisors for your specific situation.