H1-B1 Visa

The H1-B1 category was created by the U.S.-Chile Free Trade Agreement and the U.S.-Singapore Free Trade Agreement in 2003. The H1-B1 Visa is a temporary work visa category which is reserved only for nationals of Chile and Singapore subsequent to a Free Trade Agreement with the U.S.

The H1-1B visa allows recruiting foreign nationals to work in the United States in a variety of professions which include Information Technology, Medical and Scientific Research, Banking and Finance, Education, and Manufacturing, etc.

There are 5,400 H1-B1 visas available for Singaporeans and 1,400 available for Chileans. It is exempt from the H-1B anti-fraud police, but there are other filing fees. Premium processing is also not available for H1B1 type of visa

H1B1 Visa Requirements for Chileans And Singaporeans

The basic requirements for the H1B1 visa category, which are essentially identical to those of the H1B visa category, are:

  • Must be a citizen of Chile or Singapore
  • The position offered to the applicant must be in a specialty occupation, that is, it must require the theoretical and practical application of a body of specialized knowledge, the attainment of which is generally gained through a bachelor’s degree or higher, or its equivalent, in the specific specialty, as a minimum for entry into the occupation
  • Must have attained a post-secondary bachelor’s degree, or its equivalent, involving at least four years of study in the field of specialization
  • Must be employed by a U.S. employer
    NOTE: The H1B1 visa does not allow applicant to be self-employed or to be an independent contractor.
  • The period of employment in the U.S. must be temporary, so one must demonstrate non-immigrant intent
  • Must have an unrestricted state license, registration, or certification which allows them to practice the specialty occupation and be engaged in that specialty in the state of intended employment.
  • Must have education, training, or progressively responsible experience in the specialty occupation that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through greater responsibilities in the positions directly related to the specialty occupation.

STEPS

As the H-1B1 visa requires a U.S. sponsor, the applicant must obtain a written offer of employment from a U.S. employer. Unlike the H-1B, there is no need for the employer to file an I-129 Petition with the USCIS in the U.S. However, like the H-1B, a prevailing wage needs to be obtained and a Labor Condition Attestation (LCA) needs to be filed.

DOCUMENTS

Both the applicant and the employer are required to submit documents for the H-1B1 visa.

The applicant is required to submit the following documents when applying for an H-1B1 visa abroad:

  • A completed visa application (Form DS 156) with one recent photograph, 1 inch square (37mm x 37mm), of each applicant, with the entire face visible. The picture should be taken before a light background and without a head covering.
  • DS-157 Supplemental Non-immigrant Visa Application is required of all men aged 16-45
  • A passport valid for travel to the United States for at least six months longer than their intended visit.
  • Proof of non-immigrant intent

H1B1 Visa Application Process

The H1B1 visa does not require a petition approved by the United States Citizenship and immigration Services (USCIS) before one can apply for an H1B1 visa. The employer does not have to submit Form I-129, Petition for Non-immigrant Worker to USCIS.

In H1B1 Visa it is not required to obtain a Notice of Approval, Form I-797, before submitting their visa application. Applicant can apply for the H1B1 visa directly at a U.S. Embassy or Consulate.

The following documents for the H1B1 visa interview:

  • Certified Form ETA 9035 or 9035E, Labor Conditions Application (LCA), from the U.S. Department of Labor signed by the employer
  • Visa Application and Visa Fee Receipt: must submit an online electronic application form, DS-160 Non-Immigrant Visa Electronic Application and pay the appropriate Visa Fee before the interview, and bring the DS-160 Confirmation and Fee Receipt to the interview
  • Letter of Employment: Job letter from their U.S. employer specifying the details of the temporary position (including job responsibilities, salary and benefits, duration, description of the employing company, qualifications of the applicant, etc.) and confirming the employment offer
  • Valid Passport: Passport must be valid for travel to the United States with a minimum validity of six months beyond their intended period of stay in the United States
  • Degree Certificate, Education Evaluation and other documents evidencing eligibility for the specialty occupation

Change of Status to H1B1 If Applicant is Already Present in The U.S.

  • If the Applicant is already in the United States in non-immigrant visa status which supports change of status (e.g., Visa Waiver does not support a Change of Status), and they continue to maintain their status, they may apply for a change of status to H1B1 visa.
  • To apply for a Change of Status – the employer must file a Form I-129, accompanied by:
    • Certified form ETA 9035 or 9035E, Labor Conditions Application (LCA), from the U.S. Department of Labor signed by the employer.
    • Letter of Employment: Job letter from their U.S. employer specifying the details of the temporary position (including job responsibilities, salary and benefits, duration, description of the employing company, qualifications of the applicant, etc.) and confirming the employment offer
  • Degree Certificate, Education Evaluation and any other documents evidencing eligibility for the specialty occupation; and
  • Evidence that Applicant has lawfully entered the U.S. pursuant to a valid non-immigrant visa and have maintained status (copy of the visa, I-94 record, etc.)

Duration and Extension of Applicant’s Stay on H1B1 Visa

H1B1 visas are only valid for 18 months and the validity of the H1B1 visa cannot exceed the validity period of the Labor Condition Application (LCA). When entering the U.S., or changing status to H1B1 status, Applicant can only be admitted for a one-year period. However, the H1B1 status can be renewed indefinitely along as they can show that they do not intend to live in the U.S. permanently.

Additionally, when the H1B1 Extension of Stay is timely filed, the beneficiary will have the authorization to continue working for 240 days past the expiration of the H1B1 status validity date.

Spouses and Children of H1B1 Visa Holders

The spouse and unmarried children below the age of 21 are allowed to accompany the H-1B1 worker and apply as H-4 dependents for H4 Visa . If admitted, these spouses and children are entitled to study in the U.S. However, they cannot undertake any employment without securing an appropriate work visa.