H-1B, F-1, B-2 visas and more: Legal ways for Indians to enter the US

Three flights carrying over 100 Indian nationals each, all of whom had attempted to enter the United States illegally, have arrived in India in recent weeks. More such deportations are expected soon. But how could these people have avoided the situation? 

 

Deepika Kumari, partner at King Stubb & Kasiva, Advocates and Attorneys, said, "Awareness campaigns in states with high emigration rates could educate individuals on legal migration options and the risks of fraudulent schemes".

 

"Over the years, many individuals have fallen victim to unscrupulous agents that mislead them with false promises of legal settlement abroad," she added.

 

According to an investigation by the Enforcement Directorate, Indians seeking to migrate to the US through unauthorised means paid between Rs 55 lakh and Rs 60 lakh per person to agents.

 

Legal options for Indians moving to the US

 

Varun Singh, managing director at XIPHIAS Immigration, outlined some of the legal routes available for Indians looking to settle in the US without the risk of deportation or legal trouble.

 

"If an Indian citizen wants to move to the United States legally, there are several visa options depending on their purpose of stay, qualifications, and connections in the country," he said.

 

Here's what he suggests:

 

Employment-based visas

 

For skilled professionals, the H-1B visa remains one of the most common options. It applies to speciality occupations requiring at least a bachelor’s degree or equivalent, with applicants needing sponsorship from a US employer. Common professions under this category include:

 

Technology roles: Software engineers, data scientists, AI/ML engineers

Engineering fields: Civil, mechanical, electrical, and chemical engineers

Finance and accounting: Financial analysts, accountants

Healthcare: Doctors, researchers, medical scientists

Education: University professors, secondary school teachers in specialised subjects

 

The H-1B visa application fee is $205, with employers covering additional costs, including the ACWIA Fee ($750–$1,500) and the Fraud Prevention Fee ($500). Salaries must meet the prevailing wage set by the US Department of Labor.

 

Another option is the L-1 visa, which facilitates transfers within multinational companies. This visa has two types:

 

L-1A: For executives and managers

L-1B: For employees with specialised knowledge of company processes, services, or technology

 

The application fee is $205, and while there is no fixed salary requirement, applicants must receive competitive pay in line with US standards.

 

For individuals with exceptional abilities, the O-1 visa applies to those with extraordinary talent in sciences, arts, education, business, or athletics. Examples include:

 

Scientists or researchers with patents or groundbreaking discoveries

Olympic athletes and world championship competitors

Musicians or artists with Grammy/Oscar nominations

Business executives with notable industry contributions

 

The application fee is $205, though many opt for premium processing ($2,805) to expedite the review.

 

Investment-based visa

 

The EB-5 Immigrant Investor Visa provides a route to a US Green Card for those willing to invest:

 

A minimum of $1,050,000 (or $800,000 in Targeted Employment Areas)

Creation or preservation of at least 10 full-time jobs for US workers

 

The petition filing fee is $3,675, but additional legal and administrative costs can range between $50,000 and $100,000.

 

Family-sponsored visas

 

Close relatives of US citizens or permanent residents can apply for a family-sponsored visa:

 

Immediate Relative Visas (IR-1 to IR-5): For spouses, parents, and children under 21 of US citizens (no annual limit).

Family Preference Visas (F1, F2A, F2B, F3, F4): For adult children, siblings, and other relatives of Green Card holders (subject to annual quotas and long wait times).

 

The petition filing fee is $325, and sponsors must meet income requirements of at least 125% of the Federal Poverty Guidelines (for 2025, $25,550 for a household of two).

 

Study and vocational visas

 

Students seeking to study in the US generally apply for:

 

F-1 visa: For academic programs at accredited US institutions. Popular courses among Indian students include:

Computer science, data science, artificial intelligence

Business administration (MBA)

Engineering (mechanical, electrical, civil)

Medicine and healthcare

  M-1 visa: For vocational and technical training programs such as:

Aviation and flight training

Culinary arts

Cosmetology

Automotive and mechanical training

 

The F-1 visa application fee is $185, with an additional SEVIS fee of $350. Students must provide proof of financial ability to cover tuition and living expenses, which typically means having $30,000–$50,000 in available funds.

 

Business and tourism visas

 

For short-term visits, individuals can apply for a B-1/B-2 visa:

 

B-1 visa: For business-related travel, such as attending conferences or contract negotiations.

B-2 visa: For tourism, family visits, or medical treatment.

 

The application fee for both visas is $185, with no fixed financial requirement. However, applicants should have at least $6,000–$10,000 in their bank account to demonstrate financial stability during their stay.

 

Consequences of illegal entry

 

While legal migration pathways exist, individuals who attempt to enter the US through illegal means face long-term consequences. Those deported may struggle to re-enter, even through legal means.

 

Ajay Sharma, founder of Abhinav Immigration Services, said, "There are not many legal pathways for those on illegal status, especially the ones with criminal records. Even those without criminal records who try to file in any permitted category must leave the country once to get new status validated, and the probability of being denied re-entry is still very high."

 

"Interestingly, the scope of entry and residency in other key destinations also gets restricted under the circumstances," he added.

 

Jonathan Grode, US practice director and managing partner at Green and Spiegel, an immigration law firm in Philadelphia, explained the limited options for those who have entered illegally.

 

"Options really depend on the person’s individual status and if they have family or other means of staying in the US, such as asylum. Generally speaking, employment sponsorship is not an option," he said.

 

"If you are a visa overstay, marriage to a US citizen can quell the issue – but no other filing really can. So even if you had an employer, it does not mean you can get status. The only other real avenue is asylum – but that is predicated on a specific fear of harm if you return to your home country," Grode added.

 

The US continues to enforce strict immigration policies, making it clear that unauthorised entry will not be tolerated.