The initial registration period for H-1B visas for the 2026 financial year opens tonight at 10:30 pm IST and will remain open until March 24. This visa, widely used by Indian IT professionals, allows US companies to hire foreign workers for specialised roles requiring technical or theoretical expertise.
According to US Citizenship and Immigration Services (USCIS) data, Indians received 72.3% of all H-1B visas between October 2022 and September 2023. In the financial year ending September 30, 2023, Indian nationals accounted for 78% of the 265,777 H-1B visas issued by the US.
H-1B visa cap and eligibility
The US Congress has set an annual cap of 65,000 visas, with an additional 20,000 for applicants who have completed higher education in the US. The visa is granted for specialised occupations requiring theoretical and practical application of highly specialised knowledge. A bachelor’s or higher degree in a directly related field, or its equivalent, as the minimum qualification.
To qualify, applicants must meet one of the following criteria:
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< Hold a US bachelor’s or higher degree in the required field.
< Hold a foreign degree equivalent to a US bachelor’s or higher degree.
< Hold an unrestricted state licence or certification that allows them to work in the US in that speciality.
< Have education, training, or progressively responsible experience equivalent to a US degree and recognised expertise in the field.
Commonly accepted H-1B occupations
H-1B visas cover a wide range of professions, including:
IT professionals (software engineers, systems analysts, computer scientists)
Engineers (mechanical, electrical, civil, aerospace)
Healthcare professionals (physicians, nurses, dentists, psychologists, surgeons)
University professors and teachers
Financial analysts, accountants, management consultants
Market research analysts, marketing professionals
Lawyers, legal advisors
Architects, journalists, editors, technical writers, public relations specialists
Changing employers
H-1B visa holders can change employers under certain conditions:
— The new employer must file a non-frivolous Form I-129 petition before the current authorised stay expires.
— Workers can begin employment with the new employer once USCIS receives the petition.
— If the petition is denied, the individual may continue working for their previous employer if that authorisation is still valid.
— If laid off, fired, or they resign, H-1B holders have up to 60 consecutive days or until their visa expires, whichever is shorter, to find a new employer or leave the US.
Registration process
1. Registration window
Employers (or their legal representatives) must create an online USCIS account and register each prospective H-1B worker.
A $10 fee is required per registration.
2. Lottery selection (if required)
If registrations exceed the annual cap, USCIS conducts a random lottery.
Two separate selections occur:
Regular cap: 65,000 visas.
Advanced degree exemption (master’s cap): 20,000 additional visas for applicants with a US master’s degree or higher.
USCIS completes the lottery by the end of March and notifies selected applicants.
3. Full petition submission
Selected applicants' employers must submit full H-1B petitions with supporting documents within 90 days.
Required documents include:
Form I-129 (H-1B petition)
Labour Condition Application (LCA) from the Department of Labor
Proof of qualifications (degree certificates, work experience, etc.)
Job offer details and employer information
4. Approval and start date
USCIS reviews petitions and may request additional evidence before making a decision. Approved applicants can begin work from October 1, 2025, marking the start of the US financial year. Some institutions, such as universities and research centres, are exempt from the cap and can apply at any time.
Warning against foreign worker preference
This year, the US government has issued a warning to businesses against prioritising foreign workers over American candidates.
“Unlawful bias against American workers is a large-scale problem in multiple industries nationwide,” said Andrea Lucas, chair of the Equal Employment Opportunity Commission (EEOC). “Many employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law. Cracking down on this type of unlawful discrimination will shift employer incentives, decreasing demand for illegal alien workers and decreasing abuse of the United States’ legal immigration system.”
Lucas added, “The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop. The law applies to you, and you are not above the law. The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers.”

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