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H-1B1 Visa (Free Trade Agreement Professional)
The H-1B1 Visa is a non-immigrant work visa created under the Free Trade Agreements of the United States with Chile and Singapore. It allows professionals who are citizens of these two countries to work temporarily in the U.S. in a specialty occupation.
What is an H-1B1 Visa?
The H-1B1 Visa is designed for foreign workers who:
Are citizens of either Chile or Singapore.
Have a job offer from a U.S. employer for a specialty occupation.
Intend to work temporarily in the United States and demonstrate non-immigrant intent (i.e., they plan to return home after their temporary stay).
Key Features of the H-1B1 Visa
Limited Eligibility: Only citizens of Chile and Singapore qualify as principal applicants.
Specialty Occupation: The job must require the theoretical and practical application of a body of highly specialized knowledge, typically requiring at least a Bachelor’s degree or its equivalent in a specific specialty.
Annual Cap: There is a specific annual allocation of H-1B1 visas: 1,400 for Chile and 5,400 for Singapore. This cap is separate from the general H-1B cap and is generally not met, meaning there is typically no lottery.
Duration: Initial admission is generally for one year. Visas issued at a consulate may be valid for up to 18 months.
Renewals: The status can be renewed indefinitely in one-year increments, as long as the applicant and employer continue to meet the requirements.
No Dual Intent: Unlike the standard H-1B, the H-1B1 generally requires the applicant to demonstrate a clear intent to return to their home country.
Eligibility Requirements
To qualify for an H-1B1 Visa:
The applicant must be a citizen of Chile or Singapore.
The position must be a specialty occupation requiring a Bachelor’s degree or its equivalent.
The applicant must possess the required Bachelor’s degree or its equivalent in the specific specialty.
The U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor and attest that they will pay the H-1B1 worker at least the prevailing wage for the occupation in that location.
The applicant must demonstrate non-immigrant intent, showing ties to their home country that ensure their return after the temporary employment ends.
H-1B1 Visa Process
Job Offer: The applicant secures a job offer from a U.S. employer for a specialty occupation.
Employer Files LCA: The U.S. employer files and obtains certification for the Labor Condition Application (LCA) with the Department of Labor (DOL).
Visa Application: The foreign national completes the online Form DS-160 and pays the visa fee.
Consular Interview: The applicant schedules and attends a visa interview at a U.S. Consulate or Embassy in Chile or Singapore, presenting the certified LCA and other required documents.
Visa Approval & Entry: Upon approval, the H-1B1 visa is issued, allowing the foreign national to enter the U.S. to begin work for the sponsoring employer.
Documents Required
Valid Passport (valid for at least six months beyond the intended stay).
Completed Form DS-160 confirmation page.
Visa application fee payment receipt.
A certified copy of the Labor Condition Application (LCA).
Employment Offer Letter detailing job title, duties, salary, and duration.
Educational credentials (diplomas, transcripts) showing the required degree.
Evidence of ties to the home country (to demonstrate non-immigrant intent).
Family Dependents
Spouses and unmarried children under the age of 21 of the H-1B1 holder may apply for an H-4 dependent visa. H-4 dependents are generally not authorized to work in the U.S. but may study. They do not have to be citizens of Chile or Singapore.