H1B1 Visa

Frequently Asked Questions & Answers

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

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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 only valid for 18 months.