The H-1B1 visa is a nonimmigrant work visa that allows professionals from Chile and Singapore to work in the United States in specialty occupations that require specialized knowledge and a bachelor’s degree or higher. It is part of the U.S. free trade agreements with those countries.
H-1B1 visa vs H-1B visa
The H-1B1 visa and H-1B visa are both designed for foreign professionals to work in the US in specialty occupations.
The H-1B visa is the overarching program, and the H-1B1 visa is a subcategory within it—the H-1B1 visa is exclusively for citizens of Chile and Singapore under free trade agreements with those countries, while the H-1B visa is open to foreign nationals from any country. Both visas fall under nonimmigrant status, meaning they are temporary and subject to renewal.
Who is eligible for an H-1B1 visa?
To meet eligibility requirements for an H-1B1 visa, applicants must be citizens of Chile or Singapore and work in specialty occupations that typically require a bachelor’s degree or higher, like engineering, IT, and medical fields. Unlike the H-1B visa, fashion models of distinguished merit and ability are not eligible for the H-1B1.
Here are some more specifics about the visa requirements for foreign workers seeking an H-1B1 visa:
- The applicant must have a job offer from a US employer. The employer must also be able to show (via a Department of Labor certificate) that hiring a foreign worker won’t negatively impact US workers.
- The job offer must be for a role in a specialty occupation. To qualify, the job must meet one of these criteria:
- The normal minimum requirement is a bachelor’s degree or higher
- The degree requirement is typical for the industry in similar job roles across different organizations
- The role is so unique and complex that it can only be performed by someone who meets the minimum requirement
- The duties and responsibilities of the role are specialized and require knowledge obtained while getting a degree or other training
- The applicant must meet the minimum requirement for the job they’ve been offered. Depending on the role, that can mean they have a bachelor’s degree or higher or the equivalent (from an accredited university or college in the US or another country); valid certification, license, or registration to fulfill the job duties; or specialized training or job experience equivalent to the minimum requirement.
- The applicant has a valid relationship with the employer. This means they are classified as an employee, not an independent contractor.
H-1B1 visa cap
The US Department of State limits the number of H-1B visas that can be issued each fiscal year. The current H-1B cap is set at 65,000, with 6,800 of those allotted to H-1B1 visas—1,400 for Chilean nationals and 5,400 for Singaporean nationals.
Similar to general H-1B petitions, applicants working for a nonprofit organization or certain other qualifying entities may be exempt from the visa cap.
General H-1B visas are in extremely high demand and awarded each year via a lottery. But the H-1B1 visa cap is rarely reached, making it easier for eligible applicants to secure a visa.
How to apply for an H-1B1 visa
To apply for an H-1B1 visa, applicants must first secure a job offer from a U.S. employer who will sponsor their visa petition. Then, The first steps in the application process must be taken by the employer (also called the petitioner).
There are two ways to apply for an H-1B1 visa, depending on whether the applicant applies from inside or outside of the US. No matter which route they take, though, the first step is for the petitioner to file a Labor Condition Application (LCA) with the US Department of Labor (DOL).
Labor Condition Application (LCA)
A Labor Condition Application (LCA) is an attestation by the employer that hiring a foreign worker will not negatively affect the wages or working conditions of US workers. The employer needs to file Form ETA-9035 with the DOL’s Office of Foreign Labor Certification. If the office approves and issues a Certified LCA, the employer can proceed with the visa process. The LCA must be included in the applicant’s visa petition.
Applying from outside the US
If the visa applicant is outside the US, they can start the consular application process from their home country once the employer receives the LCA. Nationals of Singapore can apply for an H-1B1 at the US embassy in Singapore, while nationals of Chile can apply at the US embassy in Chile.
The applicant will need to submit both a Form DS-160 (nonimmigrant visa application) and the H-1B1 application form. Then, they’ll need to schedule an interview at their nearest US consulate or embassy and bring all the necessary supporting documentation for their visa application, including:
- A valid passport
- Confirmation of their completed Form DS-160
- A copy of the approved Form I-129
- Receipts showing all visa application fees have been paid
- A passport-sized photo that meets Department of State (DOS) guidelines
Applying from inside the US (change of status)
If the applicant is already in the US on another visa category, the process begins after the employer receives the LCA and files a Form I-129 Petition for a Nonimmigrant Worker to the U.S. Citizenship and Immigration Services (USCIS).
The applicant will still need to schedule and interview and provide supporting documentation. They cannot start work until they receive their H-1B status and updated work authorization.
Is the H-1B1 visa a path to permanent residency or citizenship?
The H-1B1 visa is classified as a nonimmigrant worker visa and does not inherently provide a direct path to permanent residency or citizenship.
However, H-1B1 visa holders can still apply for employment-based green cards through other paths—it just may be more complex due to the lack of dual intent associated with the H-1B1 visa. To get a green card, visa holders will typically need to transition to another visa category that allows for dual intent and can serve as a bridge to a green card or eventual citizenship.
Frequently asked questions about the H-1B1 visa
Still have questions about the H-1B1 visa? Learn more in the FAQs below.
What is the prevailing wage?
The prevailing wage refers to the minimum salary that must be paid to an H-1B1 worker. This ensures that their compensation is in line with the standard rate for similar jobs in their industry and location. The prevailing wage requirement helps maintain fair working conditions and prevents employers from underpaying foreign workers compared to their American counterparts.
Can applicants from countries other than Chile and Singapore apply?
No, the H-1B1 visa is specifically reserved for citizens of Chile and Singapore under free trade agreements between these countries and the US.
How long can H-1B1 visa holders stay in the US?
H-1B1 visa holders are initially allowed to stay in the US for a period of employment lasting up to 18 months. The visa can be renewed in one-year increments as long as the individual maintains their qualifying employer and meets the requirements for continued renewals.
Can H-1B1 visa holders bring their family to the US with them?
Yes, H-1B1 visa holders can bring their spouses and unmarried children under 21 years of age. Dependents are not authorized to work in the US, but they can go to school if they obtain an H-4 visa.
Can H-1B1 visa holders change jobs?
Yes, H-1B1 visa holders can change jobs, but they must secure a new H-1B1 status with the new employer. This requires the new US employer to file a visa petition on the applicant's behalf. Until the change is approved, the individual's visa status remains tied to their current employer.
Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.