What is an H-1B1 visa?

The H-1B1 is a temporary nonimmigrant category visa that allows citizens of Chile and Singapore to work in specialty occupations in the United States. It was created in 2003 when the US government signed a Free Trade Agreement (FTA) with both countries. 6,800 visas are produced every year – 1,400 for Chile and 5,400 for Singaporean applicants.

H-1B1 visas allow foreign professionals to work in the country and US employers to import talent from Chile and Singapore. The program covers many specialty fields, including architecture, mathematics, engineering, accounting, the arts, law, theology, sciences, medicine, healthcare, education, biotechnology, and business specialties.

See also: How to hire international employees without an entity

The US government prohibits dual intent for the H-1B1. This means candidates may not pursue permanent residence in the country while working on a H-1B1 visa. However, as a multiple-entry visa, the H-1B1 allows holders to travel freely in and out of the country. It is also relatively easy to obtain as applicants do not need to get approval for their petition from the USCIS.

How is the H-1B1 visa related to the H1B program?

The H-1B1 visa is one of several visas provided under the Immigration and National Act. It derives from the H-1B program, which allows US employers to hire foreign workers in specialty occupations. The H-1B program is capped at 65,000 annual visas, 6,800 hundred of which are H-1B1s.

While H-1B visas are available to all eligible applicants, the H-1B1 is reserved for Chile and Singapore residents. However, nationals may also apply for the H-1B, which imposes fewer restrictions on applicants.

For instance, the H-1B admits professionals into the country for a maximum of 6 years. Applicants do not need to prove nonimmigrant intent. In contrast, the government caps the H-1B1 period of employment at one year. Applicants must also demonstrate that they do not plan to relocate to the US permanently.

Who is eligible for an H-1B1 visa?

In addition to being a Chilean or Singaporean national, H-1B1 applicants must seek to work in specialty occupations. A specialty occupation is one whose minimum requirements include:

• Highly specialized theoretical and practical knowledge
• A bachelor’s or higher degree, or
• A bachelor’s degree equivalent

Nonetheless, applicants may qualify for an H-1B1 visa without a bachelor’s degree or the equivalent. Applicants would have to be a physical therapist, agricultural manager (Chile), disaster relief claims adjuster, or management consultant (Chile and Singapore).

If an applicant gains H-1B1 visa status, their spouse and children under 21 can accompany them to the US. They must get H-4 visas and can enroll in school within the country but not work.

See also: Dependent Visa Support: A Guide for Global Businesses

What are the H-1B1 visa requirements?

For a successful H-1B1 visa application, the employer and foreign worker must meet certain requirements. As an employer, the Immigration and Nationality Act mandates that your international hiring practices not affect the working conditions and wages of current workers in the country. The US Department of Labor, in turn, requires that employers pay foreign workers at the prevailing wage rate.

Meanwhile, as a worker, the H-1B1 visa grants you “employer-specific" status. The worker must work under the conditions indicated in their application and only receive payment from the H-1B1 employer.

With these rules in mind, the H-1B1 application requires the following:
✔️ A certified LCA: Submit a Labor Condition Application (LCA) with the DOL before initiating the H-1B1 application process. The LCA is an attestation that defines the following details related to a job opportunity:

• Occupation classification
• Location of employment
• The employer's name and address
• Offered wage
• Prevailing wage

An LCA confirms that the worker will recieve a wage equal to or greater than the prevailing wage, as the DOL requires. After the DOL signs and certifies this document, workers can use it in their H-1B1 application.

✔️ Proof of nationality: H-1B1 employers must provide the DOL with supporting documentation of a worker's citizenship. A copy of the worker’s Chilean or Singaporean passport and tax information will suffice.

✔️ Proof of “specialty occupation” qualification: Because H-1B1 visas are granted for an occupation that requires theoretical and practical application of a body of specialized knowledge, workers must prove they qualify for a specialty occupation. Documents that help with this include:

• Academic transcripts
• Diplomas
• Degrees
• Work experience letters
• Professional evaluations
• Licenses and permits

✔️ Employment documents: In addition to a job letter from an employer, H-1B1 workers must showcase documents proving an employer-employee relationship. These can be copies of written contracts or oral contract summaries. There must be an employer – the government does not grant H-1B1 visas to freelancers or independent contractors.

✔️ Proof of temporary stay: H-1B1 workers must demonstrate nonimmigrant intent. They can do this by showing that they do not plan to abandon thier home country residence. Documents to help them do this include deeds, leases, marriage certificates, and estate plans.

How do you apply for an H-1B1 visa?

There are two ways to obtain a H-1B1 visa. The employer may initiate the application process while the worker is still in Chile or Singapore, with the worker continuing the process through the consulate in their home country. If the worker is already in the country on another status, the employer may file Form I-129 (Petition for a Nonimmigrant Worker) on their behalf.

In most cases, the employer initiates the H-1B1 application process by sponsoring an applicant. They request Form I-797A and LCA certification from the DOL, offer a job position to a Chilean or Singaporean national, and pay the applicable fees.

The employee begins the application process once the Department of Labor approves the LCA certification. This includes submitting the following documents to the consulate:

• The LCA certification from the DOL
• A valid passport
• A job offer and description from the employer
• A US visa photograph taken within the last six months
• One copy of the DS-160 Form confirmation page

After the worker submits these documents with their application, they must schedule an interview. Appointments take a while to schedule, so act fast. Familiarize yourself with all the submitted documents, as your interviewer will ask you about them during the interview.

See also: How to Sponsor an employee work visa through the Highly Skilled Migrant (HSM) Scheme

How long does it take to get an H-1B1 visa?

Typically, it takes 4 to 6 months to receive the visa. The H-1B1 visa does not support premium processing, which is why it takes longer to process than the H-1B visa. That said, processing times vary and depend on seasonal fluctuations. Get more accurate timeline information by contacting the US consulate or the embassy where you applied for your H-1B1.

How long is an H-1B1 visa valid?

The H-1B1 visa lasts 12 to 18 months. However, you can renew it in year increments indefinitely. This is as long as the employee can prove that they are still working and plan to return to their home country. To do this, the worker must submit pay stubs and the employer the LCA certification. Always apply for an extension several months before the H-1B1 visa expires.

What is an H-1B1 visa transfer?

The worker can apply for an H-1B1 visa transfer when they want to change to a different visa or H-1B1 employer. To switch employers, the new employer must obtain LCA certification from the DOL and file Form I-797A, as the previous employer did. To transfer to a different visa, the worker must go through the application process for that visa from scratch.

Does H-1B1 status allow you to get a green card?

Because the H-1B1 Visa does not support dual intent, you cannot apply to become a permanent resident of the US while on H-1B1 status. If you wish to become a permanent resident, switch to a regular H-1B visa and apply for a green card.

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Whether you are a US employer looking for foreign talent or a Chilean or Singaporean professional seeking exciting opportunities, the H-1B1 opens many doors.

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