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NRI Guide · Immigration

The H-1B visa, explained for Indians

The H-1B is a US employer-sponsored work visa for specialty occupations. Each year 85,000 are available (65,000 regular plus 20,000 for US master's holders), allocated by lottery when demand exceeds the cap. Indians receive the largest share, and for many it is the first step on a long road to a green card.

Who the H-1B is for

The H-1B is designed for roles that require specialised knowledge and at least a bachelor's degree in a relevant field — software engineers, data scientists, doctors, financial analysts, architects and similar. A US employer must sponsor you: you cannot self-petition. The employer files the petition, and your legal status is tied to working for that employer in the approved role. Changing employers means filing an H-1B transfer.

The cap and the lottery

Congress caps new H-1Bs at 85,000 a year. Because registrations routinely run far higher, USCIS holds an electronic registration each spring and, if needed, selects entries at random. Only selected registrations can file a full petition, for employment beginning 1 October. Universities and non-profit research bodies are cap-exempt and can hire on H-1B year-round. Registration windows, fees and process details change from year to year — always confirm on the official USCIS H-1B page.

From H-1B to a green card

The H-1B is a "dual intent" visa, so you can pursue permanent residence without risking your status. The common employment path is PERM labour certification, then Form I-140, then adjustment of status once your priority date is current. For Indian applicants the middle wait can run years because of per-country limits in the employment-based categories — which is exactly what our Green Card / Visa Bulletin tracker follows month to month.

This is a plain-language explainer, not legal advice. NRI Herald reports how the process works and links to official sources; we are not immigration attorneys. For your own case, check USCIS and consider speaking with a qualified attorney.

H-1B questions, answered

What is the H-1B visa?
The H-1B is a temporary US work visa for 'specialty occupations' — jobs that normally require at least a bachelor's degree in a specific field. It must be sponsored by a US employer, who files the petition on the worker's behalf, and it ties the worker's status to that employer and role. Indians receive the largest share of H-1B visas each year, mostly in technology and engineering roles.
How does the H-1B lottery work?
Because far more people want H-1Bs than the annual cap allows, USCIS runs an electronic registration each spring. If registrations exceed the cap, USCIS selects registrations at random; only selected registrations can then file a full petition, for work starting on 1 October (the start of the federal fiscal year). Check the USCIS H-1B page for the current year's registration window and selection results — the dates and any process changes are announced there.
What is the H-1B annual cap?
By statute there are 65,000 regular H-1B visas each year plus an extra 20,000 reserved for people with a US master's degree or higher — 85,000 in total. Some employers, such as universities and non-profit research organisations, are 'cap-exempt' and can file at any time without going through the lottery. Confirm current figures and exemptions on the USCIS website, as policy can change.
How long can you stay on an H-1B?
An H-1B is normally granted for up to three years and can be extended to a total of six. You can go beyond six years only if your employment-based green card process has reached certain milestones — for example, an approved I-140 lets you extend in three-year increments, and a PERM or I-140 pending for over a year can allow one-year extensions. These rules come from the AC21 law.
How do you go from H-1B to a green card?
Most employer-sponsored green cards run: PERM labour certification (proving no qualified US worker is available), then Form I-140 (the employer's immigrant petition), then adjustment of status (Form I-485) once your priority date is current. The H-1B is 'dual intent', so pursuing a green card does not jeopardise it. For Indian applicants the wait between the I-140 and a current priority date can be very long because of per-country limits — our Green Card tracker shows the latest India priority dates.
What happens to your H-1B if you lose your job?
Federal rules give H-1B workers a grace period of up to 60 days (or until the end of the current petition, whichever is shorter) to find a new sponsoring employer, change to another status, or leave the US. A new employer can file an H-1B transfer without going through the lottery again if you were already counted against the cap. Act quickly, and consider speaking with an immigration attorney about your options.
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