US H-1B Eligibility for Indians: Degree, Petition and Employer Rules

The rules below come from the U.S. Embassy and Consulates in India, their official appointment service (ustraveldocs.com) and the Federal Register, as published on the official sources, checked on 2026-10-15. For visitor and student visas, see our US visa guide for Indians.

What degree do you need for an H-1B?

A bachelor's or higher degree, or its equivalent, in the specific specialty of the job. The H-1B is for a specialty occupation, so the degree has to fit the professional role you are hired for.

The official India pages do not set out how an equivalent is assessed. That question is settled in the petition your employer files with USCIS, so raise it with the employer before the petition goes in.

What must your employer do before you can apply?

Most of the H-1B process happens in the US, and your employer drives it:

• Labor condition application: filed with the US Department of Labor.
• Registration: for cap-subject jobs, the employer's registration must be selected in the weighted selection process.
• Form I-129 petition: filed with USCIS. It must be approved, shown by an I-797 approval notice, before you can apply for the visa in India.
• The $100,000 payment: petitions for H-1B workers outside the US must include it, unless DHS grants a national-interest exception.

You cannot start the visa stage yourself. H and L applicants need an approved petition from the US Department of Homeland Security before an interview can even be scheduled.

Who pays the $100,000, and since when?

The employer pays it with the petition. It is not a visa application fee and it is not paid by you at the Embassy. The timeline, from the Federal Register:

Because you would be applying from India, a new petition for you falls in the 'workers outside the US' group. The payment sits with the employer, so whether to file at that cost is the employer's decision.

How does weighted selection affect Indian applicants?

Under the DHS final rule, cap-subject H-1B registrations are selected by a weighted process that generally favours higher-skilled, higher-paid workers. It applies from the FY 2027 registration season.

For you, the practical point is that the offered role and pay now matter at the selection stage, not only at the petition stage. The weighting levels themselves are set out in the rule; the India visa pages do not repeat them.

What happens at the US Embassy or Consulate in India?

Once the I-129 is approved, you apply for the visa itself.

Interviews take place at the U.S. Embassy in New Delhi or the Consulates General in Mumbai, Chennai, Hyderabad or Kolkata, after a biometrics appointment at a Visa Application Center. After the interview, visas typically take 7-10 working days. Some cases go into administrative processing, which cannot be predicted; most is resolved within 180 days.

What do H-4 dependants need?

• An original marriage or birth certificate.
• A letter from the H-1B holder's employer confirming continued employment.
• If the H-1B holder already works in the US: pay slips for the current calendar year and US federal tax returns (IRS Form 1040 and W-2s) for each year on H-1B.
• Social media accounts set to 'public', as for the principal.

What if you do not qualify for an H-1B?

Blanket L-1 interviews in India are held only at the U.S. Consulate General in Chennai.

Mistakes to avoid: paying anyone who claims they can file an H-1B for you without a US employer; booking an interview before the I-797 approval; and travelling more than 10 days before your start date.

For family members applying for visitor visas, Yatra For Fun's India office in Gurugram prepares flight reservations, hotel bookings, itineraries and cover letters, from INR 1,000 to INR 3,000. WhatsApp +91 95230 91018 or contact us.

Frequently asked questions

Can I apply for an H-1B myself without a US employer?

No. The H-1B is for a pre-arranged professional job, and the US employer must file the labor condition application and the I-129 petition. You apply for the visa in India only after USCIS approves the petition.

How early can I travel to the US on a new H-1B?

The visa can be processed up to 90 days before the employment start date on your I-797, and you can use it to enter the US from 10 days before that date.

Is the H-1B visa fee different from the tourist visa fee?

Yes. H visas are in the $205 fee group, while B-1/B-2 visitor visas cost $185. Both are paid in rupees at the consular exchange rate.

Do H-1B applicants need to make social media public?

Yes. The official India visa pages list H-1B and H-4 among the categories that must set all social media accounts to 'public'.