Question 1

Are there specific considerations for Indian nationals applying for H-1B?

Accepted Answer

Indian nationals face significant visa bulletin backlogs for EB-2 and EB-3 categories due to per-country caps. EB-1A and EB-2 NIW self-petitions are often the fastest green card pathways. India does not have an E-2 treaty with the U.S.

Question 2

Can a startup or small company sponsor an H-1B?

Accepted Answer

Yes. Even early-stage startups with few or no employees can sponsor an H-1B visa. The key requirements are that the company is a legitimate U.S. employer, there is a valid employer-employee relationship, and the position qualifies as a specialty occupation. We regularly help startups navigate this process.

Question 3

What happens if I'm not selected in the H-1B lottery?

Accepted Answer

If you're not selected, there are several alternatives: O-1 visa for extraordinary ability (no lottery, no employer cap), L-1 for intracompany transfers, TN for Canadian and Mexican nationals, cap-exempt H-1B through a qualifying nonprofit or university, or pursuing an EB-2 National Interest Waiver if you qualify. We offer free webinars each year on post-lottery options.

Question 4

How does H-1B transfer work when changing jobs?

Accepted Answer

H-1B portability allows you to start working for a new employer as soon as the new employer files an H-1B transfer petition — you don't have to wait for approval. The new employer must be a legitimate U.S. employer and the role must qualify as a specialty occupation.

Question 5

Can my spouse work on an H-4 visa?

Accepted Answer

H-4 visa holders whose spouse has an approved I-140 immigrant petition (the first step toward a green card) may apply for H-4 EAD (Employment Authorization Document), which allows unrestricted work authorization. This is currently under regulatory review, so we recommend consulting with us for the latest rules.

Question 6

What is cap-exempt H-1B and who qualifies?

Accepted Answer

Cap-exempt H-1B petitions are not subject to the annual 65,000 lottery cap. They can be filed at any time of year. Qualifying employers include universities, nonprofit research organizations, and government research entities. If you work at or have a job offer from such an employer, you may file immediately without waiting for the lottery.

H-1B Visa for Indian Nationals

H-1B considerations for Indian nationals

Eligibility requirements

Frequently Asked Questions

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