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H-1B1 Visa - U.S. Immigration Lawyer

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H-1B1 Visa Lawyer Services

 

H-1B1 Visa - Temporary Entry of Nonimmigrant Chileans and Singaporeans


The United States entered into free trade agreements with Singapore  and Chile in 2004, which allows for the temporary entry of Chilean and  Singaporeans to conduct business in the United States for purposes of  trading. Chileans and Singaporeans can obtain a category of the H-1B  visa called the H-1B1 visa. 

 

H-1B1 Visa Requirements - Chileans & Singaporeans


  • The foreign national must submit documentation that confirms that  they meet the requirements  set forth by the free trade agreements  between the U.S. and their country and comply with the definition of a  “specialty occupation” according to the free trade agreements
  • The applicant must submit a letter from their employer with a job offer
  • Provide documentation of proof of labor attestation in the form  of a certified ETA 9035 (Foreign Labor Certification) or certified ETA  9035E (Foreign Labor Certification)
  • Those that are in the United States under another nonimmigrant  visa category may change their status to H-1B1 status by applying  through the Department of Homeland Security (DHS)


H1B1 CAP (Numerical Limitations)


Each year 1,400 professionals from Chile are allowed to enter the  United States under an H-1B1 visa. 5,400 Singaporean professionals are  allowed entry into the United States under the H-1B1 visa annually.  


H-1B1 Visa Petition


There is no petition for Chileans and Singaporeans under the H-1B1  visa. The employer does not need to submit a petition to the Department  of Homeland Security. The applicant however must submit evidence to the  U.S. consulate proving that they meet all the H-1B1 visa requirements  when applying for the visa.  


H-1B1 Visa Application Process


The employer of the Chilean or Singaporean worker must file form ETA  9035 or Form 9035 E Labor Certification Application. The employer must  specify either “H-1B1 Chile” or “H-1B1 Singapore” in order for the  applicant to be considered for the visa. This Labor Certification  Application must be filed with the Department of Labor (DOL).

  • Once the department of labor reviews the Labor Certification  Application, the employer will be mailed a copy of the certified Labor  Certification Application. The employer should then give this certified  copy to the employer along with a letter from the employer with the job  offer.
  • The length of stay of the applicant in the United States under the  H-1B1 visa is limited to the specific validity period of the approved  Labor Certification Application

Please Note that the free trade agreements between the United States  and Chile and the United States and Singapore established the entry of  nonimmigrants under four categories: business visitors (B-1 visas),   traders/investors(E-1 and E-2 visas) and intra-company transferees (L-1  visas), and the new H-1B1 visa for nonimmigrant professionals. If you  are a Chilean and Singaporean and do not qualify for the H-1B1 visa,  then you may still qualify for the E-1 visa, E-2 visa, B-1 visa, and L-1  visa. 


H-1B1 Specialty Occupation Definition & Requirements 


For the H-1B1 visa, you must show provide evidence that you are  involved in a specialty occupation. A specialty occupation is defined as  an occupation that requires a specialized body of knowledge and the  application of such specialized knowledge in the daily duties of such  job. In addition the job must require a bachelors degree or the foreign  equivalent of a U.S. bachelors degree.


H1B1 Visa Management Consultants and Disaster Relief Claims Adjusters


Chilean and Singaporean management consultants and disaster relief  claims adjusters can qualify for the H-1B1 visa with specialty training  and 3 years of work experience instead of the standard H-1B1 requirement  of a bachelors degree or higher. 


Chilean Agricultural Managers and Physical Therapists


Chilean Agricultural managers and Physical Therapists can qualify for  the H-1B1  visa if they have a post-secondary certificate in their  specialty occupation  and three years of experience instead of the  standard bachelors degree requirement.  


H1B1 Visa Period of Stay


The H-1B1 visa is valid for a period of one year, but can be renewed  indefinitely. This means that the Chilean or Singaporean can enter the  United States for an extended stay, however, they must show that their  stay in the United States will not be permanent.


H-1B1 Licensure Requirement


Unlike the standard H-1B visa which requires that the alien must have  licensure to practice their profession in the United States, Chileans  and Singaporeans under the H-1B1 visa do not need to show that they have  licensure to practice in the United States as a condition to obtaining  the H-1B1 visa, however, once in the United Sates, the H-1B1 holder must  show that they have obtain licensure to practice in the U.S., which is  enforced by the state or sub-federal authorities.  


Application Process Checklist


The Chilean or Singaporean must:

  • Meet the education and occupation requirements
  • Provide the consular officer with the approved/certified ETA 9035 or 9035E
  • Provide evidence that their stay in the U.S. is only temporary  (employment offer should state that the position in the U.S. is of  temporary nature, giving a specified period of employment in the U.S.)
  • Pay the Machine Readable Visa Fee or provide proof of previous payment
  • H-1B1 holder may change status to other nonimmigrant status through the Department of Homeland Security (DHS)

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