Among the different categories of US work visas, we find the H1B1 visa, which allows foreigners to work in the U.S. temporarily as professionals. But the truth is that this visa wasn’t particularly designed for foreigners from all over the world.
The H1B1 visa exclusively authorizes residents of two countries to come to the US: Chile and Singaporean nationals. Keep reading to learn more about H1B1 visas, who are eligible to apply for one, the benefits of this visa, or everything regarding the application process.
Going back to 2004, an agreement was made between three governments: the U.S., Chile and Singapore. This agreement was called under the name of the Free Trade Agreement (FTD) and still brings many benefits to member countries such as lowering of tariffs or easy movement between countries.
This agreement brought about, among many other things, the implementation of the H-1B1 visa, a travel authorization that allows people from Chile and Singapore to work in the US. Specifically, 1,400 places are available for Chilean citizens and 5,400 for Singapore citizens every year.
H-1B1 dependents (the spouse and children under 21 years old of an H-1B1 visa holder) are allowed to come to the US by applying for an H-4 visa. This authorization allows H-1B1 visa dependents to enter the US or enroll in academic programs, though they cannot work.
Unlike H-1B visa, available to all nationalities, H-1B1 visa is not petition based, meaning that employers don’t need to submit I-129 forms to the U.S. Citizenship and Immigration Service. Furthermore, H-1B1 visa applicants don’t need to hold any license to practice a profession in the US, though they have to show evidence that they plan to return to his/her home country after the visa expires, and are not allowed to change visa status from an H-1B1 visa to U.S. Green Card.
H-1B1 visa can be valid for 12-18 months, though you can apply for a visa extension 4-6 months before the visa expires if you would like to stay an additional year in the US. Be aware that to apply for a visa extension, you will be required to provide the necessary documents to prove that you’re still working in the U.S. and that you intend to return to Chile or Singapore at some point.
As well as applying for a visa extension, you can apply for a visa transfer, meaning that you’d like to change employers while you are on an H1B1 visa or you’d like to change your visa status. Be aware that you cannot change from an H-1B1 visa to a U.S. Green Card as this would put you in risk of being deported. Instead, consider changing from an H-1B1 visa to an H-1B visa and then apply for a Green Card after a time.
Who Can Apply for a H-1B1 Visa?
To apply for an H-1B1 visa, Chilean and Singaporean citizens must have finished higher education degrees (e.g., Bachelor, Master, etc.) in fields such as engineering, business, mathematics, computer science, or health care, among others. Applicants will need to prove professional education through academic certificates, diplomas and work experience letters when applying for an H-1B1 visa.
Chilean and Singaporean citizens can also apply for an H-1B1 visa when they don’t have higher education degrees as long as they have extensive training and advanced skills in disaster relief claims or as a management consultant. In addition, Chilean agricultural managers and physical therapists can apply for an H-1B1 visa.
One of the most important aspects that applicants should consider is that they should get a U.S. sponsor when applying for an H-1B1 visa. In other words, they cannot work as an independent contractor or freelancer in the U.S., they need to receive a valid job offer from a US employer.
To that end, applicants must show job offer letters proving they receive a valid offer from a U.S. sponsor.
Be aware that applicants will be also asked to prove that they plan to return home after the visa expires through property holdings or any other certificate showing evidence of your close ties to your country.
H-1B1 Visa Application Process
Just as the H-1B visa application process, the H-1B1 visa requires applicants to wait till the U.S. employer follows the corresponding procedures to sponsor them. This is why we need to distinguish between the steps that H-1B1 applicants and sponsors should follow.
U.S. Employers
In the first place, U.S. employers should offer a job position to a Chilean or Singaporean national. The candidate should meet professional and educational requirements.
Then, the U.S. employer must file the ETA-9035E Form to the Department of Labor. This step is essential to obtain the Labor Condition Application, a document guaranteeing that the work environment complies with all U.S. laws and regulations, the employee’s salary is a full prevailing wage, and that the U.S. government is well-informed about the company’s structure, staff, income, place of work and many others.
The next step H1B1 visa sponsors should follow is to pay the corresponding fees; namely, employer-funded training fee, fraud prevention and detection fee, and public law 114-113 fee.
To finish with, employers should file documents proving that the applicant is of Chilean or Singaporean nationality, a report of state wages and tax information.
As soon as the employer obtains the Labor Condition Application certificate, the employee can start applying for an H-1B1 visa.
Chilean and Singaporean Employees
Applicants should carry out the H-1B1 application process from their home country, so the first thing you should do is look for the U.S. Embassy in your country.
To start, complete the DS-160 Form. You can file it online, accessing the Consular Electronic Application Center website. This form is common to every single non-immigrant visa applicant.
Pay the corresponding fees. These are the H-1B1 visa application fee ($190) and the visa issuance fee, which is not fixed but varies depending on the applicant nationality. Remember to keep the receipts, you will need them later.
Save the DS-160 Form confirmation barcode and the payment receipts, this is essential. Now schedule a visa interview, which we recommend you to do as soon as possible.
The average processing time for H-1B1 visas is 4-6 months, depending on your country and seasonal fluctuations. You can also contact the U.S. Embassy where you applied or the U.S. Department of State website for further information.
Make sure to bring the required documents when attending the interview and ensure your visa application is accepted.
Required Documents
- Valid passport
- Valid job offer
- Description of duties
- Labor Condition Application issued by the U.S. Department of Labor
- DS-160 Form confirmation page
- US Visa Photo. Learn how to take a photo complying with the U.S. government guidelines hereinafter.
Photo for H-1B1 Visa Application
People may think that using a photo booth is always a reliable option, but is not. US visa requirements are not specified appropriately many times so you may take the wrong photo.
Be aware that, in that case, you may need to repeat your photo and submit a new application, making you waste time and money. US visa photos do not only need to comply with guidelines regarding photo size, quality or background colour, but you also need to consider other elements such as facial expression, head position, etc.
That is why we strongly recommend you take a look at official U.S. visa guidelines before attending a photo booth or a professional photo studio. Not every biometric photo is the same, keep that in mind.
