The H-1B1 Visa is a nonimmigrant visa for Singapore and Chile citizens seeking temporary employment in the United States. The H1B1 Visa Chile is a product of the Chile-United States Free Trade Agreement (FTA). The H1B1 Visa Singapore is a result of the Singapore-United States Free Trade Agreement (FTA).
The H-1B1 Visa is applied for at the U.S. Embassy or Consulate in Singapore or Chile. The H1B1 applicant does not need an approved H1B1 petition and pays for the costs of the visa. The processing time for the H-1B1 Visa is between 4 to 6 months depending on the location of the application. The H1B1 Visa is valid for 18 months and can be extended for one-year increments indefinitely. The H-1B1 Visa does not have a dual intent provision. A Chilean/Singaporean national on H1B1 Status cannot directly apply for permanent residence in the United States.
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What is an H-1B1 Visa?
The H-1B1 Visa is a nonimmigrant work visa for the temporary employment of Singapore and Chile nationals in the United States. The H1B1 Visa came into effect on January 1, 2004 through the Singapore-United States Free Trade Agreement (FTA) and the Chile-United States Free Trade Agreement (FTA).
How Does an H-1B1 Visa Work?
The H-1B1 Visa is granted to specialty occupation workers from Singapore and Chile. Specialty occupations are defined as occupations that require the theoretical and practical application of specialized knowledge and skills. The H1B1 Visa is valid for 18 months and can be renewed in one-year increments. There are a total of 6,800 H1B1 Visas allotted annually.
What are the Types of H-1B1 Visa?
Only citizens of Chile and Singapore are eligible for the H-1B1 Visa because of the FTA established by the U.S. with these 2 countries.
1. H-1B1 Visa Chile
The H-1B1 Visa Chile is a product of the US-Chile FTA signed on June 6, 2003. The H1B1 Visa allows Chile nationals to be employed in the U.S. in specialty occupations. Chile citizens who do not have higher educational degrees but have extensive training and special skills as Agricultural Managers and Physical Therapists are eligible for the H1B1 Visa Chile. A total of 1,400 H-1B1 Visa Chile is allowed for Chilean workers annually.
2. H-1B1 Visa Singapore
The H-1B1 Visa Singapore is a product of the US-Singapore FTA signed on May 6, 2003. The H1B1 Visa Singapore permits Singapore citizens to work in specialty occupations in the US. Singapore workers who do not have higher education degrees but have extensive training and special skills as Management Consultants and Disaster Relief Claims Adjusters are qualified for the H-1B1 Visa Singapore. A total of 5,400 H1B1 Visa Singapore are allowed for Singapore nationals each year.
Who is Eligible for an H-1B1 Visa?
The H-1B1 Visa is given to nationals of Chile and Singapore who have higher education degrees such as Bachelor’s, Master’s, or Doctorate Degrees. Examples of degrees qualified for the H1B1 Visa are Business, Healthcare and Medicine, Engineering, Physical Science, Computer Science, Mathematics, and Biotechnology.
Select workers with extensive training and special skills without higher education degrees are qualified for the H-1B1 Visa. Physical Therapists and Agricultural Managers are eligible for the H1B1 Visa Chile. Disaster Relief Claims Adjusters and Management Consultants are eligible for both the Chile H1B1 Visa and Singapore H1B1 Visa.
The H-1B1 Visa applicant cannot be an independent contractor or self-employed. The H1B1 applicant should demonstrate nonimmigrant intent and stay in the U.S. temporarily for work purposes.
When is the Best Time to Apply for an H-1B1 Visa?
The Labor Condition Application (LCA) initiates the application for an H-1B1 Visa and is submitted within 6 months prior to the start of your employment. The Labor Condition Application (LCA) shows that no qualified American worker is available to fill the position at the prevailing wage.
How to Apply for an H-1B1 Visa?
Here are the 5 steps in applying for an H-1B1 Visa for Singapore and Chile citizens.
- Finding an H1B1 Sponsorship. The sponsoring employer obtains a Prevailing Wage Determination through the Department of Labor iCERT portal or an independent survey. The Prevailing Wage is the average wage paid to similarly employed workers in a specific occupation in the field of intended employment.
- Filing of LCA to the Department of Labor. The LCA contains attestations about wages and working conditions for foreign and American workers.
- Supplying supporting documentation. The H1B1 Requirements are the following.
- Letter of offer including job description, dates of employment, and salary.
- Evidence that the wage offered is the Prevailing Wage.
- Evidence that the U.S. employer is able to pay the proposed wage.
- Letter supporting the application that summarizes the job position and the credentials of the beneficiary.
- Evidence that the Singapore or Chile citizen has maintained their valid status if the applicant is in the US. Proof of valid status includes copies of a valid passport, I-94, and other current or prior immigration documents.
- Evidence of the Singaporean/Chilean worker’s education or experience.
- Accomplishing the Online Nonimmigrant Visa Application (DS-160). The Online Nonimmigrant Visa Application (DS-160) is for Singapore/Chile nationals outside of the US. DS-160 Form is accomplished by the Chilean/Singaporean applicant. Applicants who are already in the US are petitioned by the employer using the Petition for a Nonimmigrant Worker (I-129).
- Attending the interview. The applicant attends the interview in the US embassy or consulate in Singapore or Chile and brings the necessary documents.
Where to Apply for an H-1B1 Visa?
The H1B1 Visa is applied for at the U.S. Embassy or Consulate in Chile or Singapore. There would be difficulty in applying from other locations as the H-1B1 Visa is only applicable to nationals from Singapore and Chile.
How Much Does an H-1B1 Cost?
The cost of an H-1B1 Visa application is $190. The H-1B1 Visa application fee is paid for by the Singapore or Chile national. An additional visa issuance fee (reciprocity fee) depends on the country or location of the applicant. The receipt of the H1B1 fees should be kept and presented during the visa interview.
How Long Does it Take to Get an H-1B1 Visa?
The H1B1 Processing Time is between 4 to 6 months. You can contact your US embassy or consulate in Chile or Singapore to get a more accurate timeframe for your H1B1 application.
Why are only Chilean and Singaporean Citizens Eligible for H-1B1 Visa?
The H1B1 Visa is only applicable to Chilean and Singaporean citizens because of the FTA signed by the U.S. with these two countries. Other work visas are available to citizens of other countries formed from separate FTAs such as the E-3 Visa and the TN Visa. The E-3 Visa is for Australian nationals created from the Australia-US FTA (AUSFTA). The TN Visa is for Mexican and Canadian citizens resulting from the North American Free Trade Agreement (NAFTA).
What are the Benefits of H-1B1 Visa?
These are the benefits of the H-1B1 Visa for Singapore and Chile nationals
- Multiple extensions. The H1B1 Visa can be extended every one-year increments indefinitely.
- No need for a prior petition. There is no need to get approval for an H-1B1 petition prior to getting an H1B1 Visa.
- Easy to obtain. The annual limit for the H-1B1 Visa has never been reached so there is no H1B1 lottery.
What are the Risks of H-1B1 Visa?
These are the risks of the H1B1 Visa for Chile and Singapore citizens.
- Length of validity. The H-1B1 Visa is valid for only 18 months.
- No dual intent provision. The H1B1 does not have a direct path to a permanent residence (green card) application. Dual intent visas allow foreign nationals to enter the U.S. as nonimmigrants with the intent to apply for permanent residence in the future.
What are the Differences Between H1B and H1B1?
Both the H-1B1 and H-1B Visas are temporary working visas. The H1B Visa is granted to foreign workers hired by U.S. employers to work in specialty occupations.
Here are the main differences between the H1B Work Visa and H1B1 Visa.
- Validity. The H-1B1 Visa is valid for 18 months and can be extended indefinitely for one-year increments. The H-1B Visa is valid for an initial period of 3 years and can be extended once for 3 more years.
- Dual Intent. The H1B1 Visa is not a dual intent visa and does not have a direct path to U.S. permanent residence. The H1B Visa is dual intent and holders are eligible for permanent residence in the US.
- Eligibility. The H-1B1 Visa is only for Chile and Singapore nationals. The H-1B Visa is applicable to non-U.S. citizens.
Is there a Limit on the Number of H-1B1 Visas?
Yes, 1,400 H1B1 Visa Chile and 5,400 H1B1 Visa Singapore are available each year. The annual limit of the H-1B1 Visa has never been reached. The additional slots are added to the annual quota for H-1B Visa for the following fiscal year.
Can I Apply for a Green Card while Still in H-1B1 Status?
No, you need to apply for a change of status to be eligible for permanent residence (green card) in the United States as an H-1B1 Visa holder. One option is to change your status from H1B1 to H1B Visa. The H-1B is a dual intent visa and is an indirect path to transitioning from H-1B1 Visa to Green Card.