H1B1 Visa

Frequently Asked Questions & Answers

1. What is H-1B1 Visa?

he H-1B1 visa is a temporary employment visa, similar to the H-1B, for persons in “specialty occupations.” This new category was created by the US-Chile Free Trade Agreement and the US-Singapore Free Trade Agreement. H-1B1 temporary workers are defined as persons who will perform services in specialty occupations on a temporary basis.


2. What is 'specialty occupation' for the purposes of H-1B1 visa?

A “specialty occupation,” for purposes of the H-1B1 visa, has been defined as an occupation that requires the theoretical and practical application of a body of specialized knowledge which is generally obtained through the attainment of least a bachelor’s degree or its equivalent.

OR
Check My Eligibility

3. Is there a limit on the number of H-1B1 visas?

Yes. The H-1B1 category has numerical limits that come out of the 65,000 H1B cap. 1,400 H-1B1 visa numbers are available for citizens of Chile, and 5,400 are set aside for citizens or nationals of Singapore.


4. Why are only Nationals of Chile and Singapore eligible for this visa?

The H-1B1 is only available to citizens of Chile and Singapore because they are based on treaties between the US and those countries. The US entered into Free Trade Agreements (FTAs) with Singapore and Chile on September 3, 2003, both of which provided for a new class of non-immigrant work visa for Singaporean and Chilean citizens: the H1B1.


5. What are the main requirements for an H-1B1 visa for Singaporeans?

The main requirements for an H-1B1 visa for Singaporeans are:

  1. You must be a citizen of Singapore.
  2. The position in the US must be a “specialty occupation;” that is, it must require the theoretical and practical application of a body of specialized knowledge. Some examples of specialty occupations are jobs in the fields of engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties such as management and human resources.
  3. You must have a post-secondary degree involving at least four year of study in your field of specialization (although there are some exceptions to this requirement). Please note also that even if you do not possess a post-secondary degree, you may be able to qualify under the rules for equivalent work experience.
  4. You cannot be self-employed or an independent contractor.
  5. The period of employment in the US must be temporary, so you must demonstrate nonimmigrant intent.

6. What are the main requirements for an H-1B1 visa for Chileans?

The main requirements for an H-1B1 visa for Chileans are:

  1. You must be a citizen or national of Chile.
  2. The position in the US must be a “specialty occupation;” that is, it must require the theoretical and practical application of a body of specialized knowledge. Some examples of specialty occupations are jobs in the fields of engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties such as management and human resources.
  3. You must have a post-secondary degree involving at least four year of study in your field of specialization (although there are some exceptions to this requirement). Please note also that even if you do not possess a post-secondary degree, you may be able to qualify under the rules for equivalent work experience.
  4. You cannot be self-employed or an independent contractor.
  5. The period of employment in the U.S. must be temporary, so you must demonstrate non-immigrant intent.

7. Can I be self-employed or be an independent contractor on an H-1B1 Visa?

No. The H-1B1 visa does not allow you to be self-employed or be an independent contractor


8. What are the benefits of H-1B1 visa?

The benefits of H-1B1 visa are:

  1. Multiple Entries: The H-1B1 is a multiple entry visa.
  2. No prior petition with the USCIS is required: One advantage of the H1B1 visa is that H1B1 beneficiaries do not need to first obtain approval of the H1B1 Petition from the United States Citizenship and Immigration Services (USCIS).
  3. Easy to obtain: Moreover the process to apply for the H-1B1 visa is very simple and it can be obtained with a week or less after the interview with the US Consulate.

9. What are the limitations of an H-1B1 visa?

The limitations of the H-1B1 visa:

  1. Validity: One of the major drawbacks of the H-1B1 visa is that H-1B1 visas are only valid in one-year increments.
  2. Doctrine of dual intent: The H-1B1 visa does not provide certain protections which are available to the H1B and L-1 visa holders under the doctrine of dual intent.
  3. Cannot seek permanent residence: The H-1B1 beneficiaries may not pursue permanent residence in the United States while in H-1B1 status. However this does not prevent Singaporean and Chilean nationals from applying for regular H-1B status.

10. What is the validity period of H-1B1 visa?

H-1B1 Visas are generally issued for 18 months at the US Consulate and the maximum duration of stay on each entry is 12 months or the expiration of the LCA, whichever is sooner. Extensions of stay and/or change of status petitions are also approved for no longer than 12 months.


11. Can I extend my stay on an H-1B1 visa?

Yes. H-1B1 status can be extended through USCIS in one-year increments indefinitely.


12. How do I apply for an H-1B1 visa?

You apply for an H1B1 visa directly at the US Consulate in your home country. You must submit the appropriate nonimmigrant visa application, along with an employment offer letter, a certified Labor Condition Application (LCA) and the relevant supporting documents.


13. Do I need a petition approval from my US employer?

No. The H-1B1 nonimmigrant visa does not require that a Petition to be approved by the USCIS before you can apply for an H-1B1 visa.


14. Do I need a license for a specialty occupation?

While the H-1B nonimmigrant visa category requires the you have any required licensures before you apply, classification as an H-1B1 nonimmigrant professional does not have that same requirement. According to 9 FAM §41.53 N28.6, licensure to practice a given profession in the US is a post-entry requirement, subject to enforcement by the appropriate state or other sub-federal authority.

Proof of licensure to practice in a given profession in the US may be offered along with a job offer letter, or other documentation in support of an application for an H-1B1 visa. However, 9 FAM §41.53 N28.6 states that admission/classification should not be denied based solely on the fact that the applicant does not already hold a license to practice in the United States. [Note: Aliens seeking classification as H-1B1 are subject to the INA §212(a) (5) (C) ground of inadmissibility for uncertified foreign health care workers.]


15. What is the procedure to apply for an H-1B1 visa?

The H-1B1 process has several steps:

1.Once an employer decides to sponsor you for an H-1B1 visa it must obtain a Prevailing Wage determination either through the DOL iCERT portal or through an independent survey

2.The employer must file a Labor Condition Application (LCA) with the US Department of Labor

3. Once the LCA has been approved and is returned by the Department of Labor, the employercan forward the supporting documentation to you and you can apply for your visa at the US consulate. Typically the following materials are required:

a.letter of offer, including a job description, dates of proposed employment, and salary;

b.evidence that the wage offered is the prevailing wage;

c.evidence the employer is able to pay the offered wages;

d.a letter in support of the filing summarizing the position offered and the beneficiaries credentials

e.evidence that the foreign national if in the US, or has been in the US, has maintained his/her status, including: copies of their passport, I-94, and other current and previous immigration documents; and

f.Evidence of your education and/or experience.

3.Names and addresses of all relevant affiliates, subsidiary and parent companies, branches, overseas offices, etc. There must be at least three or more related entities around the world to qualify for a Blanket petition


16. Can I change employers while I am on an H-1B1 visa?

Yes. However, the H-1B1 visa is employer specific; therefore, you cannot change employers until you have a change of status/employer petition approved by the USCIS or you obtain a new visa at a US consulate outside the US.


17. What is the processing time for an H-1B1 visa?

The wait times at each Consulate vary. The visa will generally be issued the day after your appointment with the US Consulate (though the actual procedure may vary by Consulate). Petitions for change of status or extension of stay submitted to USCIS generally take 4-5 months to be approved.


18. Can my spouse and children accompany me to the US?

Yes. Your spouse and children can accompany you to the US on an H-4 visa.


19. Can my parents accompany me to the US?

No. Only spouses and children of the principal H-1B1 visa holder can accompany you to the US in H-4 status. Your parents and other family members are not eligible for the derivative H-4 visas, but may apply for visitor visas.


20. Can my dependants work on H-4 visa?

No, spouses of H-1B1 visa holders cannot accept employment in the US. They may work in the US only if they qualify for a work visa on their own. However, they can enroll and attend schools in the U.S. without obtaining a student visa.


21. Can I change my status to H-1B1 if I am already in the US?

If you are in the US in a nonimmigrant visa category that allows a change of status, then you may apply for a change of status to H-1B1 status.


22. Can I change my status from H-1B1 to any other nonimmigrant visa category?

Yes. You can change your status from H-1B1 to any other visa category that you qualify for.


23. Can I apply for Green Card or can I seek permanent residency from my H-1B1 status?

The H-1B1 Visa does not support the doctrine of dual intent, therefore once you have begun the permanent resident process you cannot extend your H-1B1 status. However, you can apply for a change of status to a regular H-1B during this process.


24. Can I change my status from H-1B1 to regular H-1B and then apply for the Green Card?

Yes. If you truly intend to pursue a Green card, you should first switch to a regular H-1B visa and then proceed with your green card application process.


25. Are medical doctors from Chile and Singapore allowed to come to the US on an H-1B1 Visa?

Generally, as with the regular H-1B, physicians from Singapore and Chile may be granted H-1B1 status only if their employment involves research and teaching, with any patient care incidental to such duties. However, the bar on providing direct patient care has been eliminated for physicians with the appropriate state license, and who have passed the FLEX examination or USMLE Parts I, II, and III, and ECFMG English test if applicable.


26. Is USCIS premium processing available for change of status or extensions of H-1B1 visas?

No.