Know your visa pathway in 5 minutes

Start with H-1B specialty occupation under 8 CFR 214.2(h) if you have a STEM degree and a US employer willing to file an I-129 petition. If your work has national-scope impact — research, open-source, advanced-degree expertise — also evaluate EB-2 National Interest Waiver under INA 203(b)(2)(B)(i), which waives the PERM labor certification. Engineers with strong publication or industry-leadership records should also screen O-1A extraordinary ability under 8 CFR 214.2(o). Eligibility factors: degree level, employer petition capability, cap-subject vs cap-exempt timing, and country-of-chargeability backlog.

USCIS runs the H-1B cap lottery each March for an October 1 start date. Selection notifications typically release in March or April; from selection to cap-gap employment authorization, the end-to-end timeline runs 6–9 months. Premium processing pushes I-129 adjudication to 15 business days but does not change lottery or cap-gap timing. India-born applicants are not subject to a separate cap — H-1B is per-country-neutral at the cap stage; per-country limits only matter for EB green card backlogs.

H-1B is a temporary nonimmigrant work visa tied to a specific employer and LCA-confirmed position; it has an annual 85,000-cap subject to lottery, and spouses on H-4 generally cannot work. EB-2 NIW is an immigrant (green card) pathway under INA 203(b)(2)(B)(i) that bypasses PERM labor certification if your proposed endeavor is in the national interest. NIW is self-petitioned, has no annual cap, and current for most chargeability areas — but India EB-2 has multi-year priority-date backlogs. NIW does not grant immediate work authorization; you still need an underlying status (H-1B, F-1 OPT, O-1) until adjustment.

Initial 30–60 minute consultations with a US immigration attorney for H-1B, O-1, EB-1, EB-2 NIW, or family-based petitions typically run $300–$500 flat fee, sometimes credited toward full representation. Full H-1B representation runs $3,000–$7,000 excluding USCIS filing fees. EB-2 NIW and O-1 packages run $6,000–$12,000. PERM labor certification typically costs $6,000–$15,000. Always confirm fee structure in writing and ask whether the attorney is AILA (American Immigration Lawyers Association) member.

Yes. The standard path is PERM labor certification (employer tests the labor market), then I-140 immigrant petition, then I-485 adjustment of status once your priority date is current. If you qualify, EB-1A extraordinary ability or EB-2 NIW let you skip the PERM step. H-1B has "dual intent" status — you can pursue a green card while maintaining H-1B without violating status. Expect the full process to take 2–8+ years for India and China chargeability areas due to per-country visa bulletin backlogs.

EB-1 India has historically had a multi-year backlog. Check the current Department of State Visa Bulletin for the Final Action Date and Dates for Filing in the EB-1 / India row. If your priority date is earlier than the listed Final Action Date, you can file I-485 or pursue consular processing. The Visa Bulletin is updated monthly. For exact current dates, use the official travel.state.gov Visa Bulletin or USVisaStack's priority-date tracker.