Working Visa for USA 2027-28: Types, H-1B Lottery Odds and Costs for Indian Students

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Quick Read

  • Employers sponsor US work visas, not the applicants themselves.
  • The FY2028 H-1B registration window opens in March 2027.
  • Higher wage levels now get more H-1B lottery entries.
  • Employer H-1B fees start at Rs.2.13 lakh per petition.
  • EB-3 India green card dates sit at January 2014.
  • Cap-exempt universities can sponsor H-1Bs without the lottery.

How a Working Visa for USA Actually Works for Indian Students

You cannot apply for a working visa for USA on your own. A US employer files a petition on your behalf, and for the most common category, the H-1B, that petition is only possible if your name is first selected in an annual lottery. Everything else follows from those two facts.

For an Indian student, the realistic sequence is: F-1 student visa, then Optional Practical Training after graduation, then a STEM extension if your degree qualifies, then an employer-sponsored H-1B if you are selected. Each stage is a filter, and most people who do not plan for them run out of time rather than out of talent.

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Working Visa for USA 2027-28: Types, H-1B Lottery Odds and Costs for Indian Students

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Working Visa for USA 2027-28: Types, H-1B Lottery Odds and Costs for Indian Students

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Working Visa for USA 2027-28: Types, H-1B Lottery Odds and Costs for Indian Students

End-to-End Application Support

RouteWho filesDurationLottery?Who it suits
OPT and STEM OPTYou, with your university's designated school official12 months, plus 24 months for STEM-coded degreesNoEvery F-1 graduate. This is the default first step
H-1B, cap-subjectYour employer3 years, extendable to 6Yes, registration each MarchGraduates joining private-sector employers
H-1B, cap-exemptYour employer3 years, extendableNoGraduates joining universities, affiliated nonprofits and certain research bodies
L-1Your employer1 to 3 years initiallyNoEmployees transferred by a multinational after a year with the group abroad
O-1Your employer or agentUp to 3 yearsNoA small number of people with documented extraordinary achievement

Counselor insight: The question to ask a prospective employer is not "do you sponsor visas". It is "have you filed H-1B petitions in the last two cap seasons, and will you register me in March". Plenty of companies say yes to the first question and never actually file.

OPT and STEM OPT: the Entry point to a Working Visa for USA

Optional Practical Training gives you 12 months of work authorisation after graduation, and a STEM-designated degree adds a 24-month extension for a total of 36 months.

Eligibility for the extension is decided by the six-digit CIP code printed on your Form I-20, not by the name of your degree. Check that code before you enrol, not after you graduate. The extension also requires an employer enrolled in E-Verify and a completed Form I-983 training plan, which rules out some smaller companies.

Those 36 months matter because they are how many chances you get at the H-1B lottery. A non-STEM graduate with 12 months of OPT gets one registration cycle. A STEM graduate usually gets three.

One change to plan around. The duration of status ended for F and J nonimmigrants on 15 September 2026 under a DHS final rule published in July 2026. You are now admitted until the program end date on your I-20, capped at four years, with a 30-day departure period rather than the previous 60 days. Extra time requires an Extension of Stay filing with USCIS. The practical effect is that the buffer between finishing your degree and starting work is tighter than older guides describe.

Full detail on the training options is in our guide to post-study work visa options in the USA, and the document that governs your status is explained in our Form I-20 guide.

Counselor insight: Apply for OPT early in the filing window rather than at the end. Processing delays push back your start date, and employers who have held a role open for months start looking at other candidates.

The H-1B Lottery and What Changed for Your Odds

The H-1B cap is 65,000 visas a year plus 20,000 reserved for holders of a US master's degree or higher. Since March 2020 employers have entered candidates through an electronic registration each March, and since 27 February 2026 that selection is no longer random.

Under the DHS weighted selection rule, each registration is entered into the pool based on the Department of Labor OEWS wage level attached to the offered salary:

Wage levelEntries in the selection pool
Level IV4
Level III3
Level II2
Level I1

Higher pay now means more tickets. FY2027, with registration in March 2026, was the first season run this way.

This is the part Indian students need to sit with. Entry-level roles offered to fresh graduates are typically classified at Level I or Level II, which is where the fewest entries are allocated. The US master's exemption still helps, so a master's degree plus a higher wage level stack in your favour. But a graduate accepting the lowest offer on the table is now accepting worse lottery odds as part of that deal.

Employers must also submit the SOC code, work location and wage level at registration, and USCIS verifies that the eventual petition matches. An employer cannot inflate the wage level to improve your odds and then reduce it later without a legitimate basis.

Counselor insight: When you negotiate a first offer, ask where the salary sits against the OEWS wage level for that SOC code and location. A raise that moves you from Level I to Level II doubles your lottery entries. That is a far better use of your negotiating capital than a signing bonus.

What a Working Visa for USA Costs and Who Pays

Government fees for a new cap-subject H-1B petition come to about $3,595 (Rs.3,44,868) for a large employer and about $2,225 (Rs.2,13,444) for a small employer. Almost all of it is paid by the employer, not by you.

FeeUSDINRPaid by
Electronic registration, per candidate215Rs.20,625Employer
Form I-129 petition, standard780Rs.74,825Employer
Form I-129 petition, small employer or nonprofit460Rs.44,128Employer
ACWIA training fee, 26+ employees1,500Rs.1,43,895Employer
ACWIA training fee, 25 or fewer750Rs.71,948Employer
Fraud prevention and detection fee500Rs.47,965Employer
Asylum Program Fee, standard600Rs.57,558Employer
Public Law 114-113 fee, where applicable4,000Rs.3,83,720Employer
Premium processing, optional, from 1 March 20262,965Rs.2,84,433Either
MRV visa application fee, petition-based categories205Rs.19,666Usually you
Visa Integrity Fee, charged on issuance250Rs.23,983You

Exchange rate used: Rs.95.93 per US dollar. Verify the current rate before finalising any budget.

The registration fee is not refunded if you are not selected. Premium processing buys a USCIS decision within 15 days, which matters when an OPT end date is approaching.

Counselor insight: If an employer asks you to reimburse the ACWIA fee, the fraud fee or the registration fee, that is a problem. Those are statutorily the employer's cost. Premium processing is the one fee a candidate can legitimately be asked to cover.

Cap-exempt employers: the Working Visa for USA route most students overlook

Institutions of higher education, nonprofits affiliated with them, and certain nonprofit and government research organizations are exempt from the H-1B cap. They can file petitions year-round, with no registration and no lottery.

For a research-track graduate this changes the calculus completely. A university research position or a role at an affiliated medical centre or research institute can convert to H-1B status without you ever entering the March queue. The trade-off is usually pay: academic and nonprofit salaries sit below private-sector equivalents, and the wage level that hurts you in the lottery is irrelevant when there is no lottery.

There is also a concurrent-employment route, where a cap-exempt H-1B holder takes additional part-time work with a cap-subject employer. That is a specialist arrangement and needs an immigration attorney, but it exists.

Use sponsorship history as a filter when you search. Our guide to high-demand jobs in the USA covers the platforms that let you filter employers by visa-sponsorship record.

Counselor insight: Students in research-heavy master's programs routinely ignore the cap-exempt route because the starting salary looks low next to industry offers. Two or three years of uninterrupted status, with no lottery dependency, is worth a great deal when the alternative is leaving the country.

Other Working Visa for USA Options: L-1, O-1, H-4 and J-1


L-1. For employees transferred within a multinational group. You generally need one continuous year of employment with the group outside the US in the preceding three years, in a managerial or executive role (L-1A) or a role requiring specialized knowledge (L-1B). This is the route many Indian IT services employees take, and it is not available to someone applying directly from a US campus.

O-1. For individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The evidentiary bar is genuinely high: sustained national or international acclaim, documented through awards, publications, judging, press coverage, and comparable evidence. A strong master's record does not meet it. For a small number of published researchers it is a real alternative.

H-4. The dependent visa for spouses and unmarried children under 21 of H-1B holders. The often-repeated claim that H-4 holders cannot work is wrong. Certain H-4 spouses, generally those whose H-1B partner has an approved Form I-140 or has extended H-1B status beyond six years, can apply for employment authorisation.

J-1. Used for structured internship and trainee programs and some research positions. Note that some J-1 categories carry a two-year home-country residency requirement, which can block a later H-1B or green card filing until it is satisfied or waived.

Counselor insight: If your spouse is planning to work in the US, check the H-4 work authorization conditions before you accept an offer. For dual-career couples this is often the deciding factor between two otherwise similar job offers.

Green Cards and the long queue for Indian Applicants

The September 2026 Visa Bulletin lists the EB-3 India final action date at 1 January 2014, EB-2 India as unavailable, and EB-1 India at 15 October 2022.

Read that again, because it is the single most important fact in this article. An Indian professional whose employer starts the green card process today is joining a queue where visas are currently being issued to people who filed more than a decade ago. The Department of State resets annual limits each October, so dates move, but the structural backlog for India is measured in years and not months.

The practical consequences are manageable if you plan for them. The H-1B is granted in three-year increments up to six years, and extensions beyond six years are available once a labour certification has been pending for a year or an I-140 petition is approved. That is how Indians remain in status through a long wait. Your priority date, once established, carries forward.

What this should change is the framing of the decision. If your plan is to work in the US for three to five years, gain experience and then decide, the numbers work. If your plan depends on permanent residence arriving quickly, the current data does not support it, and you should build that into the conversation with your family before the loan is signed.

Counselor insight: Ask an employer how quickly they start the green card process after you join. Some begin the labour certification in year one, some wait until year three. On a queue this long, two years of delay is not a detail.

Documents and the Consular Stage for a Working Visa for USA

Once USCIS approves the petition, the consular stage is yours to complete.

DocumentWhat it isIndia-specific detail
Form I-797 approval noticeProof that USCIS approved the employer's petitionCarry the original or a clear copy with the receipt number
Labor Condition ApplicationThe Department of Labor certification the employer filedYour employer provides this. It is not something you file
DS-160 confirmation pageOnline non-immigrant visa applicationPrinted confirmation page with the barcode is required at the interview
MRV fee receipt$205 for petition-based categoriesKeep the printed receipt
PassportValid well beyond intended stay, with blank pagesInclude old passports carrying prior US visas
Employment letter and offer detailsRole, salary, work location, dutiesSalary should match the wage level cited in the petition
Educational documentsDegree certificates, transcripts, evaluationsHave credential evaluations ready where the degree is not a US one
Prior status recordsI-20s, EAD cards, previous I-94 recordsImportant if you are applying after a period on OPT

Interview preparation transfers directly from the student visa stage. Our guides to F-1 visa interview questions and how to fill the DS-160 form both apply here.

Counselor insight: If you are changing status inside the US rather than travelling, you may not need consular stamping at all until you next leave the country. Discuss this with your employer's immigration counsel before booking any trip home, because the travel decision can affect which route your petition takes.

Your 2027-28 Timeline for a Working Visa for USA

PeriodWhat happens
Sep to Dec 2026Job search during your final semester. Filter employers by sponsorship history and ask directly about March registration
Jan to Feb 2027USCIS announces the FY2028 registration window dates. Confirm in writing that your employer will register you
Mar 2027FY2028 registration window. Employer submits your SOC code, work location, wage level and salary
Late Mar 2027Selection notifications issued
Apr 2027 onwardIf selected, employer files the full Form I-129 petition, with premium processing if the timing is tight
Apr to Aug 2027Petition adjudication. Change of status if you are inside the US, or consular processing if abroad
1 Oct 2027H-1B employment start date for the FY2028 cap
ThroughoutTrack your OPT or STEM OPT end date and your I-94 date separately. They are not the same thing

Counselor insight: Mark the March window in your calendar the day you accept a job offer. Every year students discover in April that their employer quietly decided not to register them, and by then the only option is waiting twelve months.

What to Do if Your Working Visa for USA Plan Does Not Work Out

  • You are not selected in the lottery. If you are on STEM OPT you simply register again next March. If you are on standard OPT, options include a cap-exempt employer, a further degree that resets your OPT eligibility, or a transfer to your employer's office outside the US.
  • Your OPT is ending with no job offer. Unemployment during OPT is capped, and the new 30-day departure window leaves less room than before. Speak to your designated school official before you approach the limit, not after.
  • Your employer withdraws sponsorship. Ask whether another team or a subsidiary can file. If not, start an urgent search among employers with active filings, and get the timeline in writing from any new employer.
  • Your wage level is too low to compete. This is now a strategic problem, not just a pay problem. Look at higher-cost locations, more senior titles or roles with different SOC codes, all of which can shift the wage level.
  • You are laid off while on H-1B. There is a discretionary grace period of up to 60 days to find a new sponsor or change status. Act from day one, and take immigration advice immediately rather than waiting to see what happens.
  • The rules change again. Several pieces of this system are in active litigation or under review. Verify anything cost-related or deadline-related against the official source at the time you act.

Counselor insight: Almost every one of these situations has a solution if you start in the first week. What removes the options is the two months people spend hoping the problem resolves itself.

3 Takeaways on Working Visa for USA

A working visa for USA is an employer-driven process with a wage-weighted lottery at its centre and a long permanent residence queue behind it. Three things to do next:

  1. Confirm in writing, before you accept any offer, that your employer will register you in the March window and has filed H-1B petitions in recent seasons.
  2. Check where your offered salary sits against the OEWS wage level for your SOC code and location, because each level is another lottery entry.
  3. Track your OPT end date and your I-94 date separately, and set a reminder 90 days before each.

Verified by: LeapScholar's USA counseling team, with hands-on experience guiding Indian students through F-1 visas, OPT timelines and employer-sponsored work authorisation.

Have questions about a working visa for USA? Book a free session with a LeapScholar counselor.

Frequently Asked Questions on Working Visa for USA

  • What happens if I am not selected in the lottery?

    If you hold STEM OPT you can be registered again in each following March, giving most STEM graduates three attempts. Other options include moving to a cap-exempt employer, transferring to an overseas office of the same company, or enrolling in a further degree. Plan the alternative before results are announced, not after.

  • Can my spouse work on an H-4 visa?

    Certain H-4 spouses can obtain employment authorisation, generally where the H-1B holder has an approved Form I-140 or has extended H-1B status beyond the six-year limit. The blanket claim that H-4 holders cannot work is outdated. Eligibility is conditional, so confirm your specific situation with an immigration attorney.

  • What is a cap-exempt employer?

    Institutions of higher education, nonprofits affiliated with them, and certain nonprofit and government research organisations can file H-1B petitions at any time of year without going through the cap or the lottery. Salaries are usually lower than private-sector equivalents, but status is far more predictable.

  • Is the $100,000 H-1B fee still in force?

    A Massachusetts district court vacated the policy on 8 June 2026, and the First Circuit declined to stay that decision on 24 July 2026, so it is not currently enforceable. A conflicting December 2025 ruling is under appeal and the underlying proclamation carries an expiry date. Verify the current position before your employer files.

  • How much does a working visa for USA cost, and who pays?

    Government fees run to about $3,595 (Rs.3,44,868) for a large employer and $2,225 (Rs.2,13,444) for a small one, and the employer pays them. You typically pay the $205 MRV fee (Rs.19,666) and the $250 Visa Integrity Fee (Rs.23,983) at the consular stage. Premium processing costs $2,965 and either party may pay it.

  • Can I apply for a working visa for USA on my own?

    No individual can self-petition for the main work categories. A US employer files the petition, and for cap-subject H-1B roles the employer must first register you in the annual March lottery. Self-petition routes exist only in narrow categories such as certain extraordinary-ability and national-interest cases, which have very high evidentiary bars.

  • How does the H-1B lottery work now?

    Selection has been wage-weighted since 27 February 2026. Each registration is entered into the pool once for OEWS wage Level I, twice for Level II, three times for Level III and four times for Level IV. The 65,000 regular cap and the 20,000 US master's exemption both continue, so a US master's degree still improves your position.

  • How long is the green card wait for Indians?

    The September 2026 Visa Bulletin listed EB-3 India at a 1 January 2014 final action date, EB-2 India as unavailable and EB-1 India at 15 October 2022. Annual limits reset each October and dates move, but for most Indian applicants permanent residence is a decade-plus proposition rather than a three-year one.

  • When is the registration window for the 2027-28 cycle?

    The FY2028 registration window is expected in March 2027, with selections announced around the end of that month, petitions filed from April, and employment starting on 1 October 2027. USCIS announces the exact dates each January, so confirm them rather than assuming.

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Sreya Madanan

Sreya Madanan is a skilled Content Writer at LeapScholar, where she crafts insightful and SEO-driven content on study abroad opportunities, admissions, and international education trends. With a Master’s in English and 2 years of writing experience, she combines her academic background with a passion for clear, engaging storytelling to help students make informed global education choices.

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