Kinds of Visas issued by US, How many are useful for Indians?

US Visa Rules for Indians: The Unites States grants a numbers of visas to allow students, employees and travelors from across the world to enter America. The immigration helps push the US economy, by generating revenues through travel, job creation, foreign investments and more. In recent years, it has issued more than 10 million non-immigrant visas annually, along with hundreds of thousands of immigrant visas for people seeking permanent residence.

The Immigration and Nationality Act (INA) governs the US visa, and sets out different categories based on the purpose of travel, employment, study and family relationships.

Types of US Visas

Non-Immigrant Visas (More than 10 million annually): With the help of these visas, people visit US on a temporary basis for reasons involved tourism, business, education, employment and cultural exchange. In FY2023, the US Department of State issued more than 10.4 million non-immigrant visas worldwide. The annual total and the share of different visa categories can vary.

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Immigrant Visas (Permanent Residence): These visas allow people to move to the US permanently. They are issued through family-sponsored, employment-based and other eligible categories. Additional green cards are granted to people already in the US who qualify to change their immigration status through a separate process.

Key US Visas for Indians

Understanding the main visa categories helps explain how Indians travel to the US for education and work, bring family members to the country and apply for permanent residence.

1. H-1B Specialty Occupation Visa

The H-1B is a temporary work visa commonly used by technology companies and other employers to hire skilled professionals.

Eligibility: Applicants generally need a bachelor's degree or its equivalent in a field relevant to the job. The position must meet the requirements for a specialty occupation, and the employer must sponsor the application.

Annual cap and selection: The regular annual cap is 65,000, with another 20,000 places reserved for eligible applicants with advanced degrees from US institutions. When demand exceeds the available places, US Citizenship and Immigration Services (USCIS) conducts a selection process. Some employers and applications are exempt from the cap.

Path to permanent residence: H-1B status allows workers to pursue a green card while maintaining their eligible temporary status. This is known as dual intent.

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2. F-1 Academic Student Visa

The F-1 visa is the main route for international students, including Indians, pursuing undergraduate, master's and doctoral degrees at eligible US institutions.

Its importance for many students also lies in the opportunity to gain work experience after completing their studies.

• Optional Practical Training (OPT): Eligible graduates can work in a job related to their field of study for up to 12 months.
• STEM OPT Extension: Graduates with qualifying degrees in science, technology, engineering and mathematics (STEM) may apply for an additional 24 months of work authorisation, taking the total to up to three years. The extension is subject to specific requirements, including those relating to the employer and training programme.

These opportunities can help graduates gain experience while exploring longer-term employment options. However, they do not guarantee sponsorship for another work visa.

3. L-1 Intra-Company Transfer Visa

The L-1 visa allows multinational companies to transfer eligible employees from an overseas office, such as one in India, to a related office in the US.

There are two main categories:

• L-1A (Managers and Executives): Usually granted for an initial period of up to three years, with extensions possible up to a maximum of seven years.
• L-1B (Specialised Knowledge Employees): Usually granted for an initial period of up to three years, with extensions possible up to a maximum of five years.

Why it matters for Indians: Unlike the H-1B, the L-1 visa has no annual numerical cap or regular lottery. Applicants generally need at least one continuous year of qualifying employment with the related organisation abroad during the three years before seeking admission to the US. The company and the proposed US role must also meet the eligibility requirements.

4. Family and Work Rights: H-4 and L-2 Dependent Visas

When an Indian professional moves to the US on an H-1B or L-1 visa, their eligible spouse and unmarried children under 21 may accompany them on dependent visas.

H-4 visas are for eligible family members of H-1B workers, while L-2 visas are for eligible family members of L-1 workers.

The work rights available to spouses differ between the two categories.

• L-2 spouses: Eligible spouses are generally authorised to work on the basis of their immigration status and do not need a separate employment authorisation document first. Their admission and status records must reflect the appropriate classification.
• H-4 spouses: Certain H-4 spouses can apply for an Employment Authorization Document (EAD). This includes eligible spouses of H-1B workers who have an approved immigrant petition or qualify under certain rules allowing H-1B extensions beyond the normal six-year limit. They must obtain the required work authorisation before starting employment.

These differences can affect a family's ability to earn an income while living in the US.

5. Employment-Based Green Cards: EB-1, EB-2 and EB-3

A green card grants lawful permanent resident status in the US. For eligible foreign workers, employment-based categories provide a route to permanent residence, although the process can take years.

The main categories include:

• EB-1 (Priority Workers): Includes people with extraordinary ability, outstanding professors or researchers, and certain multinational managers and executives.
• EB-2 (Advanced Degree or Exceptional Ability): Covers eligible professionals with advanced degrees or exceptional ability. In some cases, a bachelor's degree followed by at least five years of progressive work experience may qualify as the equivalent of an advanced degree.
• EB-3 (Skilled Workers and Professionals): Covers eligible skilled workers whose jobs require at least two years of training or experience, professionals whose jobs require a bachelor's degree, and certain other workers.

Eligibility depends on the applicant's qualifications, job, and the requirements of the relevant category.

Why Indian applicants often face long waits: US immigration law limits the number of family-sponsored and employment-based preference visas available to people from any one country, subject to specific rules and exceptions. The limit is generally 7% of the combined annual worldwide total for these preference categories, not 7% of employment-based green cards alone.

As a result, applicants born in India can face long waiting periods in some employment-based categories, particularly EB-2 and EB-3. The wait depends on the category, the applicant's priority date and visa availability.