For professionals from Chile and Singapore who want to work in the United States, the H-1B1 visa can provide an important alternative to the traditional H-1B visa. Although the names are similar, the two visa categories have significant differences. An experienced H1B1 visa lawyer can help both employers and prospective employees determine whether the H-1B1 category is the right option.
What Is the H-1B1 Visa?
The H-1B1 visa was created through free trade agreements between the United States and Chile and Singapore. It allows qualifying citizens of those countries to work temporarily in the United States in specialty occupations.
A specialty occupation generally requires specialized knowledge and at least a bachelor’s degree or its equivalent in an appropriate field.
Potential H-1B1 occupations can include positions in areas such as:
- Engineering
- Technology
- Finance
- Business
- Architecture
- Education
- Science
- Healthcare
- Other professional fields
The particular job duties and educational requirements matter when determining whether a position qualifies.
How Is the H-1B1 Different From the H-1B?
One of the biggest advantages of the H-1B1 visa is its application process. A professional applying from outside the United States generally does not need an approved USCIS petition before applying for the H-1B1 visa at a U.S. consulate.
The H-1B1 category also has separate annual numerical allocations for Chilean and Singaporean citizens.
There are important disadvantages as well. H-1B1 status is generally granted in shorter increments than H-1B status, and H-1B1 does not have the same statutory dual-intent protection as H-1B.
Do I Need a U.S. Employer?
Yes. The H-1B1 visa is an employment-based nonimmigrant category. Applicants generally need a legitimate offer of professional employment from a U.S. employer.
The employer must also complete the required Labor Condition Application with the U.S. Department of Labor.
Should I Speak With an H1B1 Visa Lawyer?
Although the H-1B1 process can sometimes be more straightforward than the H-1B process, eligibility is not automatic.
Questions can arise regarding whether the position qualifies as a specialty occupation, whether the applicant’s education relates sufficiently to the position, and whether the application demonstrates the temporary nature of the applicant’s intended stay.
An H1B1 visa lawyer can review the position, the applicant’s credentials, and the proposed employment before the visa application is submitted. Professional legal guidance can also help applicants understand documentation requirements and identify potential issues before filing.
For Chilean and Singaporean professionals who qualify, the H-1B1 can be an excellent way to pursue professional employment in the United States.
