Skilled Migration / United States / Route
United States · Investment route
The H-1B still exists, but the rules changed sharply in 2025 and 2026. A USD 100,000 payment now applies to petitions for people outside the United States, and selection is weighted towards higher salaries.
Last updated: 2026-10-01
Programme overviewنظرة عامة
What you getالمزايا
Work legally in the U.S. for up to six years (initial 3 years + extension).
Eligible for professionals in specialized fields.
Dual intent visa — allows transition to Green Card.
Spouse and children under 21 can apply under H-4 status.
Opportunity to gain international experience and career growth.
Eligibilityالأهلية
Requirements
Valid job offer from a U.S. employer in a specialty occupation.
Minimum of a bachelor's degree or equivalent in the specialty field.
Employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor.
Employer must submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS.
Proof of relevant work experience or academic credentials.
Who cannot apply
Job not classified as a specialty occupation.
Lack of required degree or equivalent work experience.
Employer unable to meet wage or compliance requirements.
Eligible occupationsالمهن
Typical Eligible Occupations
- ✦Software engineers and IT professionals
- ✦Mechanical, electrical, and civil engineers
- ✦Financial analysts and accountants
- ✦Healthcare and medical specialists
- ✦University professors and researchers
The processكيف نعمل
Employer Readiness
The U.S. employer determines if the position qualifies as a specialty occupation and verifies your qualifications.
H-1B Cap Registration
Employer registers you in the annual cap window (FY2028 expected around March 2027). Selection has been weighted by wage level since 27 February 2026, not a flat lottery.
Labor Condition Application (LCA)
Employer files LCA with the Department of Labor to certify wage and work conditions.
Petition Filing (Form I-129)
Employer files Form I-129 with USCIS. For a beneficiary outside the US who must seek admission, the USD 100,000 payment must be made, with proof retained, before filing.
Visa Stamping / Status Change
If approved, apply for visa stamping abroad or change status within the U.S.
Work and Extension
Work in the U.S. for up to 3 years initially, with possible extensions up to 6 years.
Document checklistالوثائق
Personal and Identity Documents
- ✦Valid passport and previous U.S. visas (if applicable)
- ✦Passport-sized photographs per USCIS guidelines
- ✦Educational certificates and transcripts
Employment Documents
- ✦Offer letter and detailed job description from U.S. employer
- ✦Labor Condition Application (LCA) approval
- ✦Form I-129 filing receipt or approval notice
Supporting Evidence
- ✦Resume or CV with relevant experience
- ✦Professional licenses or certifications
- ✦Employer’s business registration and tax documents
Your XIPHIAS advisor prepares a personalised document list at onboarding. The checklist above is indicative and may vary by family size.
Risk notes
A USD 100,000 payment applies per new H-1B petition for a beneficiary who is outside the United States and must seek admission. It was imposed by Presidential Proclamation 10973 on 19 September 2025, effective 21 September 2025, and extended by Proclamation 11069 on 18 September 2026. It now runs to 21 September 2027 unless extended again.
For most candidates applying from India this makes a new H-1B commercially unviable unless the employer is willing and able to pay it. Ask your sponsor to confirm in writing that they will, before you spend anything.
Selection is no longer a flat lottery. Since 27 February 2026 registrations are entered once for wage Level I, twice for Level II, three times for Level III and four times for Level IV. An entry-level Indian IT candidate at Level I now has roughly a quarter of the selection weight of a Level IV role.
Executive Order 14431 of 18 September 2026 requires adjudicators to consider whether the sponsoring employer has made layoffs in the previous year or plans them. It also directed the Department of Labor to begin a retrospective review of historical Labor Condition Applications.
The FY2027 cap is closed — registration ran in March 2026 and selection is complete. The next window is FY2028, expected around March 2027.
A further USD 103,265 fee on cap-subject petitions was proposed by DHS on 25 August 2026. It is a proposed rule only and is not in force, but it is expressly designed to stack on top of the USD 100,000 payment.
Compliance
The USD 100,000 payment is one-time on a new petition, not annual.
It does not apply to existing H-1B holders travelling in and out of the United States, to renewals, or to any petition filed before 21 September 2025.
The Secretary of Homeland Security may waive it for an individual, a company or an entire industry on a national-interest determination.
On its face the proclamation is not limited to cap-subject petitions — the trigger is the beneficiary being abroad and seeking admission.
Whether an in-country change of status, for example F-1 to H-1B without departing, falls outside the payment is governed by USCIS’s implementing guidance. XIPHIAS checks the current USCIS position against your specific case before filing.
Current filing fees: Form I-129 USD 780 (USD 460 for a small employer of 25 or fewer full-time staff, or a nonprofit), H-1B registration USD 215, ACWIA training fee USD 1,500 or USD 750 by employer size, fraud prevention and detection fee USD 500, Asylum Program Fee USD 600 (USD 300 small employer, nil nonprofit). Employers with 50 or more US staff of whom more than half hold H-1B or L status pay a further USD 4,000.
Premium processing is available at USD 2,965 for a 15 business day response (fee effective 1 March 2026).
Questionsأسئلة شائعة
This route, answered.
The H-1B is a U.S. work visa that allows employers to hire foreign professionals in specialty occupations requiring specialized skills and a bachelor’s degree or higher.
Start the United States route.
A senior advisor will confirm the exact costs, timeline and documents for your case — privately, and entirely off the record.