H1B1 Visa: Chile, Singapore

The US-Singapore and US-Chile Free Trade Agreements, which took effect on January 1, 2004, created a new class of temporary work visa for Singaporean and Chilean citizens, the H1B1 Visa. The H1B1 requires a US job offer in a “specialty occupation.” Qualified beneficiaries may obtain the H1B1 directly from a US consulate in Singapore or Chile without first making an application to USCIS.

Singapore Permanent Residents or Chile Permanent Residents who are citizens of other nations are not eligible for the H1B1 Visa. However, non-Singaporean and Chilean spouses and children of qualified Singaporean and Chilean H1B1 principal applicants are eligible for H4 visas as dependent family members.

H1B1 Visa: Basic Requirements

• Job offer from a US employer. Self-employed workers, independent contractor or freelancers are not eligible for the H1B1.
• Prevailing wage. US must offer the H1B1 job at the prevailing wage or the actual wage being paid for the job offered. The “prevailing wage” is the average wage for the geographical area in which the H1B1 will be working.
• Specialty occupation. Position offered must be in a “specialty occupation.” A specialty occupation generally requires at least the equivalent of a US bachelor’s degree in a particular field related to the job offered. Examples include positions in engineering, mathematics, physical sciences, computer sciences, education, biotechnology, and business.
• Bachelor’s Degree. The H1B1 candidate must have at least the equivalent of a US bachelor’s degree in a particular field related to the job offered.
• Temporary Employment. The period of H1B1 employment in the US must be temporary. Morever, an H1B1 candidate must demonstrate nonimmigrant intent. This requirement distinguishes the H1B1 visa from the traditional H1B visa, which allows for dual nonimmigrant and immigrant intent. “Dual intent” is the intent to stay temporarily, and the intent to stay in the US permanently. Dual intent may occur when someone is on a temporary visa, but files a petition for a permanent visa. Singaporean and Chilean nationals are eligible to apply for a traditional H1B visa.
• May apply directly at US Consulate–no USCIS petition necessary. Unlike a traditional H1B visa, an H1B1 employer does not have to submit an application to USCIS. Instead, an H1B1 beneficiary may apply directly to a US consulate. However, if a candidate in the US would like to change to, transfer or extend H1B1 status while in the US, an application to USCIS is possible. In that case, the candidate must obtain an H1B1 visa from a US consulate abroad to re-enter the US. Fees for the H1B1 processing at USCIS are very high, however. (Regular H1B fees apply unless the employer is an exempt educational or government research organization affiliated with an institution of higher education). The H1B1 does not require the $500 fraud fee when filed with USCIS.
• Period of Validity. H1B1 visas are multiple-entry and valid for a maximum of 18 months. However, maximum entry is one year at a time. H1B1 extensions and renewals are permissible. No maximum H1B1 period applies as long as the applicant can show only temporary intent.
• Annual Quota. The annual H1B1 visa limit is 1,400 for Chileans and 5,400 for Singaporeans. Only principals count against the H1B1 cap. The H1B1 quota is part of the overall general H1B visa pool each fiscal year. After five renewals, subsequent H1B1 renewals count against the annual limit.
• Professional Licensure. H1B1 visa holders are not required to present proof of professional licensure to obtain an H1B1. However, they must obtain any such licenses once H1B1 status or visa is granted, in accordance with applicable state or US laws for their profession. This differs from the regular H1B visa category, which requires proof of professional licensure prior to approval of H1B status.
• Alternative Credentials. Certain professions may present “alternative credentials” rather than the equivalent of a US bachelor’s degree. These include Disaster Relief Adjuster and Management Consultant. Each of these require a combination of specialized training and 3 years of experience in place of the standard degree requirement. Management Consultants may hold a degree other than that of the specialty area in which they will work on the H1B1 visa. For Chileans, Agricultural Managers and Physical Therapists qualify with a combination of a Certificate plus 3 years of experience in the field of expertise.
• H1B1 Dependents Singapore. Non-Singaporean H1B1 dependents in Singapore should apply for visas at the same time as the principal applicant, whether or not they have firm plans to travel to the US. If the H1B1 visa holder is not present for a dependent’s application, the Consulate may require dependents to apply in their home country where DoS can verify marriage and birth documents.
• No Change of Status or Adjustment from H1B1. H1B1 holders cannot apply for adjustment of status or change of status to other categories.

Changes in H1B1 Visa Employment Conditions

Certain changes in employment conditions can affect an H1B1 visa petition, the labor condition application, and an H1B1 employer’s obligations. For example, corporate restructurings, lay-offs, terminations, relocations to job sites, or a new occupational classification, may require amended H1B1 petitions in advance of such changes.