H-1B1 Visa: Specialty Occupation Work Visa for Chilean and Singaporean Nationals
The H-1B1 Visa is a non-immigrant work visa specifically for nationals of Chile and Singapore, allowing them to work in the United States in specialty occupations. It is similar to the H-1B Visa but has key differences, including a faster processing time, no annual lottery, and no dual intent (Green Card pathway).
The H-1B1 Visa is initially valid for one year and can be indefinitely extended in one-year increments. However, unlike the standard H-1B Visa, H-1B1 holders cannot pursue permanent residency (Green Card) while on this visa.
Why Apply for an H-1B1 Visa?
- Reserved for Chilean & Singaporean Nationals: Exclusive to citizens of Chile and Singapore under Free Trade Agreements (FTAs).
- No H-1B Lottery Required: Not subject to the H-1B visa cap or random selection process.
- Fast Processing Time: Can be obtained directly at a U.S. consulate without employer petition approval from USCIS.
- Indefinite Renewals: Can be extended indefinitely in one-year increments.
- Easier Application Process: Does not require Form I-129 if applying outside the U.S.
Eligibility Criteria for an H-1B1 Visa
To qualify for an H-1B1 Visa, applicants must:
- Be a Citizen of Chile or Singapore: Only Chilean and Singaporean nationals are eligible.
- Have a U.S. Job Offer in a Specialty Occupation: The job must require theoretical and practical expertise in fields such as IT, engineering, science, finance, or healthcare.
- Meet Educational Requirements: Hold a bachelor’s degree or equivalent relevant to the field of employment.
- Prove Intent to Return Home: Unlike the H-1B Visa, H-1B1 applicants must demonstrate ties to their home country and an intent to return after the visa expires.
- Employer Must Meet Wage Requirements: The employer must comply with the prevailing wage regulations set by the U.S. Department of Labor (DOL).
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How to Apply for an H-1B1 Visa
Option 1: Applying at a U.S. Embassy/Consulate (Outside the U.S.)
- Secure a Job Offer: Obtain a written job offer from a U.S. employer in a specialty occupation.
- Obtain a Labor Condition Application (LCA): The employer must file Form ETA-9035 with the U.S. Department o f Labor (DOL) to verify that they are paying the prevailing wage.
- Complete Form DS-160: Fill out the Online Nonimmigrant Visa Application and print the confirmation page.
- Pay the Visa Fee: Pay the non-refundable visa application fee.
- Attend the Visa Interview: Bring all required documents, including:
- Valid passport
- Job offer letter
- LCA approval from the DOL
- Educational qualifications (degree certificates & transcripts)
- Proof of intent to return home (family ties, property, employment commitments, etc.
- Receive Visa Approval: If approved, the H-1B1 visa stamp is placed in the passport, allowing entry to the U.S.
Option 2: Change of Status (Inside the U.S.)
- Employer Files Form I-129: If the applicant is already in the U.S. on another valid status, their employer must file Form I-129 with USCIS to change their status to H-1B1.
- Wait for USCIS Decision: If approved, the individual can start working under H-1B1 status without leaving the U.S.