Business Specialty Visa Plan Free Trade Agreement Professional H-1B1 visa
As with the H-1B, you will need to show that a US-based employer has offered you a temporary position that fits the definition of a specialty occupation. This means that you will be performing a job that requires specialized knowledge that can generally be gained only through a bachelor’s degree or higher, or its equivalent.
Free Trade Agreement Professional H-1B1 visa
The US Immigration Act of 1990 created the highly popular H-1B visa and set a ceiling of 65,000 visas per fiscal year. Of this number, 6,800 visas are set aside exclusively for applicants from two countries — 1,400 from Chile and 5,400 from Singapore. These quotas were introduced when the United States signed a free trade agreement with Singapore in 2003 and Chile in 2004. The H-1B1 visa is a variant of the H-1B visa and is unique to Chile and Singapore.
Chileans and Singaporeans still have the option to apply for the H-1B visa, and in some cases might even find that a better choice, since the H-1B has fewer restrictions.
Like its parent H-1B visa, the H-1B1 visa allows United States employers to temporarily employ foreign workers to work in the US in a specialty occupation that requires specialized knowledge or experience. Examples of specialty fields are biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, and journalism. In health, it can include medicine, dentistry, nursing, physiotherapy, economics, education, research, law, accounting, business specialties, technical writing, theology, and the arts, among others.
The H-1B1 includes additional specialties — Agricultural Manager or Physical Therapist for Chileans; and Management Consultant or Disaster Relief Claims Adjuster for Singaporeans and Chileans.
How many H-1B1 visas are available each year?
A total of 6,800 H-1B1 visas are released every year, 1,400 to Chilean applicants and 5,400 to Singaporeans. If a year’s quota is not fully used up, the excess gets added to the following year’s H-1B quota.
Who is eligible for an H-1B1 visa?
The eligibility requirements of the H-1B1 visa category are almost identical to the H1B but only available to citizens of either Chile or Singapore.
As with the H-1B, you will need to show that a US-based employer has offered you a temporary position that fits the definition of a specialty occupation. This means that you will be performing a job that requires specialized knowledge that can generally be gained only through a bachelor’s degree or higher, or its equivalent.
You should have a bachelor’s degree or its equivalent involving at least four years of study in your field of specialization.
The H-1B1 visa is not available to self-employed individuals or independent contractors.
In all cases, the US employer must pay at least the prevailing minimum wage for that occupation or the actual compensation being paid by employers to similar specialists or models, whichever is higher.
The Bachelor’s degree requirement is waived for Chileans who are offered positions as Agricultural Managers or Physical Therapists, and Singaporeans and Chileans taking up jobs as Management Consultants or Disaster Relief Claims Adjusters.
How is the H-1B1 visa different from the H-1B visa?
There are significant differences between the two visas which you should consider before you decide which one is more appropriate for you.
| H-1B visa | H-1B1 visa |
| The employer must file Form I-129 Petition for Nonimmigrant Worker with the US Citizenship and Immigration Services | Form I-129 is only required if you are already in the US and applying for a visa extension, change of visa status or change of employer |
| Valid for three years and can be extended by no more than three years | Valid for one year but may be extended indefinitely in one-year increments as long as you can show prove nonimmigrant intent |
| A narrow and specific list of specialty occupations, all of which require at least a Bachelor’s degree or equivalent experience | In addition to all the specialty occupations eligible for H-1B, the H-1B1 visa allows Agricultural Managers and Physical Therapists (Chile only) and Management Consultants and Disaster Relief Claim Adjusters (Chile and Singapore) |
| Dual Intent — the visa holder may apply for a Green Card | Nonimmigrant Intent — the visa holder may not apply for a Green Card while on an H-1B1 visa |
| Selection by lottery | Not subject to a lottery. You can apply for an H-1B1 visa directly at the US Embassy or Consulate in your country |
How long can you stay in the US on an H1-B visa?
The H-1B1 is initially valid for 18 months but the maximum allowable stay is one year. However, you may extend your visa indefinitely in one-year increments as long as you have an employer and can show that you do not intend to apply for permanent residence in the US.
Bear in mind that, unlike the H-1B visa, the H-1B1 is a nonimmigrant intent visa. This means that you may not apply for permanent residency while you are on an H-1B1 visa.
How do you apply for an H1-B visa?
Since the H-1B1 visa is directly linked to employment, finding a US employer is the first step.
- Find an employer/ sponsor: If you’re already in the United States — for example as a graduating, job-seeking Chilean or Singaporean student on an F1 visa — you should check with your prospective employer if they can sponsor you on an H-1B1 visa. In other cases, look for an immigration attorney who could help you. A list of top-tier professional, individual vetted US immigration attorneys is available to you with your plan.
- The employer finds out the Prevailing Wage: This essential step ensures that you do not get underpaid compared to others offering similar skills and performing similar work. The employer must get the prevailing and actual wages confirmed by the State Employment Security Agency. If the prevailing wage is greater than the offer you have received from the prospective employer, then the employer must seek a wage determination so that you are not underpaid. The employer could seek to know the prevailing wage in a specific location from the Foreign Labor Certification Data Center, which maintains location-specific records of prevailing wages.
- The employer submits Form ETA-9035: This is also known as a Labor Condition Application (LCA) and must be filed by the employer with the Department of Labor (DOL). This form must be filed electronically with the Foreign Labor Certification Data Center not more than six months before the job’s start date.
Once the LCA has been approved, the employer will send you the supporting documentation.
- Apply for a Non-Immigrant Visa online through form DS-160: If you live in Chile or Singapore, you can continue the process through Consular Processing at the local US Embassy or Consulate. First, you must apply online for a nonimmigrant visa by submitting Form DS-160. To do this efficiently and successfully, keep the following at hand before going online —
- Your passport, with at least 6 months validity.
- A visa photograph (to upload). The photo should conform to US Immigration photo specifications.
- Travel itinerary.
- Dates of every international trip you have made in your last five years, including to the US.
- Information on your current and previous education and work history.
More information about filling out the DS-160 form is available online. Remember to print out the DS-160 application confirmation page after completing the form. You will need it at the interview.
- Pay the visa application fee: This is $190 for the DS-160 application for an H-1B1 visa and can be paid online.
Be sure to print out a receipt confirming your payment. You will need it at the visa interview later. In some countries, this fee is payable at the time of your interview, and in others, it must be paid in advance.
- Find your nearest US Embassy or Consulate. You can find the address online or by checking the global list of US Embassies and Consulates. Make a note of the address. You will need it in the next step.
- Schedule your visa interview. Contact the US Embassy or Consulate nearest to you, preferably the one you named on the DS-160 form, and schedule your interview. Since different embassies have different waiting periods, check the embassy’s website to find out how long you’ll have to wait.
- Gather the necessary documents. You will need the following —
- Your passport, with at least 6 months validity.
- Old passports, if any.
- One photograph, conforming to US photo specifications
- Form DS-160 online submission confirmation with CEAC barcode.
- Receipt for DS-160 fees paid. You need to pay the fees in advance before taking an appointment.
- Original interview appointment letter and one copy.
- Letter of offer, including a job description, dates of the proposed employment, and salary.
- Approved LCA signed by the employer. This is evidence that the wage offered is the prevailing wage.
- Work experience letters from your previous employers that indicate your employment history, experience, and specific work skills.
- Original degree certificates along with mark sheets and transcripts. Secondary school information is not required.
- Relevant diplomas or certificates, e.g. computer certification.
- Photocopies of the first page, last page, and remarks pages of your current passport.
- Go for the visa interview. The visa officer may request additional documents at his or her discretion and these requirements may vary from country to country.
The H-1B1 visa is processed within a week or so. Priority processing is not available.
How much does an H-1B1 visa cost?
When you apply for an H-1B1 visa through Consular Processing at the local US Embassy or Consulate, the only fee due from you is —
$190 DS-160 Non-Immigrant Visa Application processing fee.
Need more help?
You may feel that you would like to have professional help in making your application or would perhaps like to consult a specialized immigration lawyer who specializes in immigration and visa matters. In this case, you can explore some of your options, including how to access our exclusive list of professional immigration lawyers.
If you have questions or would like clarifications, please send us an email. We’ll do our best to get back to you within 24 hours with an answer.