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From work visas to permanent residency and naturalisation, here’s a step-by-step look at how the US immigration system works
Companies and professionals with strong track records are now weighing the O-1 as a practical alternative (Image: Representative)
On Saturday, the United States introduced a new $100,000 fee on each new H-1B petition filed for foreign workers outside the country. The order, signed by President Donald Trump, applies to fresh H-1B petitions submitted after 21 September 2025. It does not affect renewals, extensions, or change-of-status applications filed within the US.
The proclamation directs immigration authorities to reject petitions that do not carry proof of this payment. Indians make up more than 70 per cent of the H-1B workforce, and with costs rising steeply, many are now examining whether other visa categories or direct green card routes can provide alternatives.
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What Does An H-1B Visa Allow And How Does It Work?
The H-1B is a non-immigrant work visa for foreign professionals in speciality occupations. These include roles in technology, finance, healthcare, education, and engineering that generally require at least a bachelor’s degree or its equivalent.
A US employer must act as sponsor, file a labour condition application with the Department of Labour, and submit a petition on Form I-129 to United States Citizenship and Immigration Services (USCIS). The job must meet criteria for being a speciality occupation, and the employer must agree to pay the prevailing wage.
The visa is initially granted for three years and can be extended to six. It permits dual intent, meaning the applicant can pursue permanent residency while on H-1B without affecting their non-immigrant status.
How Does The H-1B Lottery System Work?
Every year, there is a cap of 85,000 new H-1B visas, 65,000 under the regular quota and 20,000 reserved for applicants with advanced degrees from US institutions. Demand far exceeds this number, prompting USCIS to conduct a random lottery.
Employers must first register electronically, usually in March. If selected in the lottery, they have a 90-day window to file a complete petition with USCIS. If not selected, the registration lapses for that year. This lottery system adds an element of unpredictability for both workers and employers.
What Happens After Selection In The H-1B Lottery?
If chosen, the employer files a petition along with a certified labour condition application and supporting documents proving the worker’s qualifications and job offer. USCIS reviews the petition and may request additional evidence.
For those outside the United States, an interview at a consulate is required, after which an H-1B visa stamp is placed in the passport. Those already in the US can request a change of status without leaving the country.
The worker can enter the US up to 10 days before the job start date and begin employment as listed in the petition. Any significant change in job location, title, or employer requires a fresh petition.
What Are The Alternatives Now That The H-1B Route Is Costlier?
With the H-1B becoming financially burdensome, attention has shifted to other visa categories. Each has its own rules, benefits, and limitations.
The L-1 Visa
The L-1 is a non-immigrant visa for intra-company transferees. It allows multinational companies to transfer employees from their overseas offices to a US location.
There are two subcategories: L-1A for executives and managers (up to seven years), and L-1B for employees with specialised knowledge (up to five years). To qualify, the employee must have worked for the company abroad for at least one continuous year in the last three years.
Unlike the H-1B, the L-1 is not subject to a lottery or annual quota. Large companies can also use blanket petitions for faster processing. A related category, the L-2 visa, is issued to dependents of L-1 holders, spouses and unmarried children under 21. L-2 spouses are permitted to work in the US without needing to apply separately for employment authorisation, making it a significant advantage over H-4 dependents of H-1B holders.
Yet, the visa comes with restrictions. It is tied to the same employer, leaving no room to switch jobs, and the definitions of “managerial” and “specialised knowledge” are interpreted strictly. Consulates, particularly in India, closely scrutinise applications, and refusal rates remain higher than for H-1B petitions.
What About Indian Students In The US? Can They Work After Graduation?
Students on F-1 visas can apply for Optional Practical Training (OPT), a temporary work authorisation that allows them to work in their field of study for up to 12 months after completing their degree. Those in science, technology, engineering, or mathematics (STEM) fields are eligible for a further 24-month extension, allowing up to three years of work experience.
OPT comes with an application fee of $520 payable to the Department of Homeland Security. It does not require employer sponsorship, making it a bridge for students to gain work experience while exploring long-term visa options. However, it is strictly time-limited and cannot by itself lead to permanent residency.
Is The O-1 Visa A Viable Option?
The O-1 visa is intended for individuals who can demonstrate extraordinary ability in sciences, arts, business, education, or athletics. Applicants must show sustained recognition at a national or international level, usually through awards, publications, or notable contributions.
The filing fee is $1,055, and premium processing can be requested for $2,805. From fiscal 2025, a $250 visa integrity fee also applies. Legal fees often raise the overall cost. The process is document-heavy, and approval depends heavily on proving that the applicant’s achievements place them well above their peers. For most professionals, this path is out of reach, but it remains an option for highly accomplished individuals.
Can Investment Open A Route To The US?
The EB-5 visa offers permanent residency through capital investment. Applicants must invest at least $800,000 in a targeted employment area or $1,050,000 in a non-targeted region. The money must create at least ten full-time jobs for US workers, and the investment must be at risk, not guaranteed.
Successful applicants receive a conditional green card that can later be converted into permanent residency. From there, citizenship becomes possible after meeting residency requirements.
But costs are significant, with legal and administrative fees often exceeding Rs 1 crore, making the EB-5 accessible only to a wealthy minority.
What Is A Green Card And How Does It Work?
A green card, officially known as a Permanent Resident Card, allows the holder to live and work in the US indefinitely. It is also the essential step towards naturalisation as a US citizen.
There are multiple ways to obtain one. Employment-based categories typically follow H-1B or L-1 status and include EB-1 for extraordinary ability, EB-2 for advanced degree holders or exceptional ability, and EB-3 for skilled and other workers. Family-based categories are available to immediate relatives of US citizens and, with longer waits, to other family members. Humanitarian routes exist for refugees, asylees, trafficking victims, and survivors of domestic abuse.
The EB-5 programme provides an investment route, while a rarely used provision called “registry” applies to those who have lived in the US since before 1 January 1972.
The cost of applying also varies. For a family-based green card filed within the US, the fee is currently $3,005, while applications from abroad cost $1,340, excluding the medical exam. Employment-based petitions may involve additional costs for labour certification and legal representation.
How Long Does It Take To Get A Green Card?
Timelines vary widely. Immediate relatives of US citizens applying from within the country may wait 8–12 months. For Indian nationals applying through employment categories, backlogs can stretch into several years due to per-country limits.
Applicants must submit either Form I-485 (Adjustment of Status) or Form DS-260 (if applying from abroad), attend a biometrics appointment, and clear an interview. They must maintain valid visa status throughout the process.
What Happens After You Get A Green Card?
Once an applicant receives a green card, they can live and work in the US permanently. After five years (or three years if married to a US citizen), they become eligible to apply for US citizenship through naturalisation.
Applicants must demonstrate continuous residence, show they have been physically present for at least half of the qualifying period, and maintain good moral character during that time.
How Do You Apply For US Citizenship?
Citizenship is obtained by filing Form N-400 and passing a multi-step process. Applicants must:
- Be at least 18 years old
- Have held a green card for five years (or three if married to a citizen)
- Pass an English language test
- Clear a civics test on US history and government
- Demonstrate attachment to the US Constitution
Exceptions are available for elderly applicants and those with certain disabilities.
USCIS rolled out a revised naturalisation test with greater emphasis on US history and civics, as part of efforts to ensure applicants meet statutory requirements.
Are There Other Legal Pathways To US Citizenship?
Apart from employment and family-based routes, individuals can also apply through:
- Family immigration: Sponsored by relatives
- Asylum or refugee status: Granted to those fearing persecution
- EB-5 investment: Through job-creating investment
- Humanitarian categories: For victims of abuse or trafficking
- Military family relief: Through programmes like Parole in Place
All these options eventually require holding permanent residency before an application for citizenship can be made.
Conclusion
The $100,000 fee on new H-1B applications has made a once-popular route to the US significantly more expensive. But while it may limit access for many professionals abroad, several other legal pathways remain open, each with its own rules, costs, and timelines.
For Indian professionals and their families, the choice of pathway will depend on qualifications, financial capacity, and long-term goals. Whether through employment, study, investment, or family ties, the route from temporary visa to green card to citizenship remains open, but it is now more complex.
About the Author
Karishma Jain, Chief Sub Editor at News18.com, writes and edits opinion pieces on a variety of subjects, including Indian politics and policy, culture and the arts, technology and social change. Follow her @kar…Read More
Karishma Jain, Chief Sub Editor at News18.com, writes and edits opinion pieces on a variety of subjects, including Indian politics and policy, culture and the arts, technology and social change. Follow her @kar… Read More
September 24, 2025, 22:34 IST
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