H-1B from India: a practical guide

LiveRec EditorialUpdated

US federal rules as of 30 October 2026. Sources re-checked against official pages on 30 October 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.

If you live in India, an H-1B needs a US employer to register you, win selection, file a petition and then you get the visa stamped at a US consulate in India. LiveRec states no fixed timelines: appointment waits and rules change. The green card wait for Indian nationals is a separate, longer problem.

At a glance

  • Only the employer registers and files. You never pay for registration.
  • Stamping happens at a US consulate in India after approval; see stamping and appointment waits.
  • Indian nationals face a per-country limit on green cards; see the backlog.
  • LiveRec plans are priced in US dollars. Paying from India? You'll see the price in rupees (INR) at checkout and can pay by UPI, UPI AutoPay or an Indian card. The rupee amount includes a 2–4% currency conversion fee.

What are the steps from India?

  1. Employer registers you in the March window (cap-subject). See lottery.
  2. Selection; employer files the Labor Condition Application and Form I-129.
  3. After approval, you apply for the visa at a US consulate in India.
  4. Travel and be admitted by CBP.

Which Indian degrees count?

USCIS accepts a US bachelor's or higher, a foreign equivalent, or equivalent education and progressively responsible experience. Foreign degrees usually need an equivalency evaluation; the employer's attorney will advise.

What about salary and CTC?

The employer attests to a US wage on the LCA. That is not your Indian CTC (cost to company). See CTC.

Can my spouse work?

Certain H-4 spouses can apply. See H-4 EAD.

Scam warning

See avoiding immigration scams.

What does USCIS require for the job and degree?

USCIS says an H-1B job must require theoretical and practical application of a body of highly specialized knowledge and at least a bachelor's or higher degree in a directly related specific specialty, or its equivalent. You can meet the education side with a US degree, a foreign degree equivalent to a US bachelor's or higher, an unrestricted state license where one applies, or education, training and progressively responsible experience equivalent to a degree. If the profession requires a state or local license, you generally must hold it before the petition is approved.

What does the employer have to attest?

Before filing with USCIS, the employer must have a Labor Condition Application (LCA) certified by the Department of Labor. DOL's FLAG site says the required wage is the higher of the actual wage paid to similar workers or the prevailing wage for the occupation and area, and the LCA cannot be submitted more than 6 months before the employment start date. USCIS lists the attestations: the wage, working conditions that do not adversely affect similar workers, no strike or lockout, and notice to a union or posting at the worksite.

How long can I stay?

QuestionUSCIS answer
Initial admissionGenerally up to 3 years
ExtensionGenerally up to 3 more years, for a total of 6
Beyond year 6Possible if you are the beneficiary of an approved EB-1, EB-2 or EB-3 petition and a visa is not available, or if at least 365 days have passed since a labor certification or immigrant petition was filed for you

For Indian-born applicants, the per-country limits are why the sixth-year extensions matter. See the green card backlog.

What is the cap and who is exempt?

USCIS says the annual cap is 65,000 new statuses each fiscal year, plus an additional 20,000 petitions for people with a master's degree or higher from a US institution of higher education. Petitions for institutions of higher education, their affiliated nonprofits, and nonprofit or governmental research organizations are not subject to the cap. See cap-exempt employers.

What happens after approval if I am in India?

USCIS says that if the petition is approved, you may apply for an H-1B visa at a US Embassy or Consulate abroad if a visa is required. Whether or not a visa is required, you must then apply to US Customs and Border Protection (CBP) for admission in H-1B classification. Your admission record is the electronic I-94 that CBP provides; you can retrieve it on the CBP I-94 site. See H-1B stamping in India.

What does the $100,000 notice on USCIS say?

USCIS's H-1B page shows an alert saying that on June 8, 2026 a federal district court vacated agency guidance implementing the $100,000 payment for certain H-1B petitions, that the First Circuit denied a stay on July 24, 2026, and that DHS will comply while it considers next steps and still plans to collect the payment if the order is lifted. Read the USCIS page on the day you plan, because this can change.

Common mistakes

  • Assuming a petition approval is the same as a visa. You still need the visa (if required) and admission by CBP.
  • Paying anyone for a registration or a guaranteed selection. Only the employer registers.
  • Ignoring state licensing for regulated professions.
  • Resigning before your new employer's petition is filed. See H-1B transfer.

FAQ

Can I get an H-1B without a US degree? Yes, if your degree is a recognised equivalent or your experience qualifies. Confirm with the employer's attorney.

Is the $100,000 payment relevant to me? Possibly for new petitions. See the dated status in the H-1B guide.

Can my employer file more than one petition for me? USCIS says petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary, and it denies or revokes them.

Do I need a US bachelor's degree? No. USCIS lists a foreign equivalent degree or equivalent education and experience as ways to qualify.

How long does the lottery take? USCIS announces registration dates each year. LiveRec states no dates.

Next step: Find US roles that sponsor.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.