H-1B1 Visa: Free Trade Agreement Workers

What is the H-1B1 Visa?

The H-1B1 visa is a non-immigrant visa category created under free trade agreements with Chile and Singapore. It allows professionals from these countries to work in the United States in specialty occupations.

Eligibility

**For Chilean Nationals (H-1B1 Chile)**

• Must be a citizen of Chile
• Must have a job offer from a US employer in a specialty occupation
• Must have the required education and qualifications

**For Singapore Nationals (H-1B1 Singapore)**

• Must be a citizen of Singapore
• Must have a job offer from a US employer in a specialty occupation
• Must have the required education and qualifications

Key Features

1. **No Cap**: Unlike the regular H-1B, there is no annual numerical cap (separate annual limits of 6,800 for Chile and 5,400 for Singapore, but these are rarely reached)

2. **No Lottery**: No random selection process

3. **Initial Duration**: Up to 18 months

4. **Extensions**: Can be extended in increments of up to 3 years

5. **Dual Intent**: Can pursue permanent residency

Application Process

The H-1B1 application process differs from the regular H-1B:

1. **Employer Files Petition**: Employer files a Labor Condition Application (LCA) with DOL

2. **Employee Applies at Consulate**: Unlike H-1B, the employee applies directly at a US consulate or embassy

3. **No USCIS Petition Required**: The petition filing with USCIS is not required for initial applications

Renewal Process

When renewing an H-1B1 visa, the process changes:

• Employer must file Form I-129 with USCIS for extension of stay
• Alternatively, the employee can apply for a new visa at a US consulate

H-1B1 vs Regular H-1B

Feature | H-1B1 | H-1B

---------|-------|------

Eligible Countries | Chile, Singapore | All countries

Annual Cap | Rarely reached | 85,000

Lottery | No | Yes

Initial Duration | 18 months | 3 years

Maximum Duration | Unlimited extensions | 6 years

Application Method | Consular direct | USCIS petition

Important Considerations

• You must remain a citizen of Chile or Singapore to maintain H-1B1 status
• Spouses receive H-4 status and may be eligible for work authorization
• The specialty occupation requirements are similar to H-1B
• You can switch to a regular H-1B if desired