In 2004, the US government signed the Free Trade Agreement (FTA) with Chile and Singapore. Under this agreement, Chile and Singapore nationals are eligible to apply to work in the US with the H1B1 visa.
The agreement specified that during one year, 1,400 visas would be given to Chile nationals, and 5,400 would be given to Singapore nationals. In total, this makes 6,800 visas per year.
Who Can Apply for an H1B1 Visa?
Professionals from Chile or Singapore are those who have completed higher education degrees, such as Bachelor’s, Master’s, or Doctoral Degrees in the following fields can apply for an H1B1 visa:
- Mathematics
- Computer Science
- Engineering
- Physical Science
- Health care and medicine
- Business
- Biotechnology, etc.
- For Chilean nationals only:
- Agricultural Managers
- Physical Therapists
- For both Singapore and Chile nationals:
- Disaster Relief Claims
- Management Consultants who have another degree besides their specialization, but can prove experience
H1B1 Requirements
The applicant of the H1B1 visa also has the following requirements:
- Prove professional occupation through diplomas, certifications, and work experience letters
- Cannot work as an independent contractor or freelancer
- Prove that they intend to return to their country (Singapore or Chile) by presenting certificates such as property holdings or others. For more information on what documents constitute proof that you do not intend to stay in the US permanently, contact your local US Embassy.
- Demonstrate that they have a job in the US by submitting job offer letters with a job description and benefits.
Supporting Documents for the H1b1 Visa Application
The following documents needs to be submitted when applying for an H1B1 visa:
- Your valid passport
- Your job offer and description
- The LCA certification from DOL
- A recent US visa photograph taken within the last six months
- Your DS-160 Form confirmation page
Employer Certification
Before the employee can submit their application, employers have to follow these procedures, file documents, and pay different fees to sponsor applicants for H1B1 visas:
Step 1: Offer a job position to a Chilean or Singaporean national
The job position has to require a professional who meets the educational and experience criteria.
Step 2: Obtain Labor Condition Application
The Labor Condition Application (LCA) Certification is obtained by filling in the ETA-9035E Form from the Department of Labor. This form guarantees the US government and the employee that:
- The salary will be a full prevailing wage.
- The employee will be notified of any changes made in the certification.
- The work environment will conform to all US laws.
- The government will be aware where the work is being completed.
- The government will have company information, number of employees, state employee job descriptions, and income.
This is the most important document that both employer and employee need to have approved before any other steps are taken. It is illegal for the employee to go to the US and start working without an approved LCA.
Pay the applicable fees
Except the Fraud Prevention and Detection fee, all other H1B1 visa fees are the same as the H-1B visa. However, since Premium Processing is not available for the H1B1 visa, the fee is also not available.
Submit the documents
The employer has to hand in documents that prove to the Department of Labor that the employee is a national of Singapore or Chile (hand in copy of passport), their tax information, and a report of the wages that are paid to the state employees.
After the employer gets the LCA certification from the DOL and it is approved, the employee may start the application procedure.
How to Apply for an H1B1 Visa?
After gathering the certification and documents from the employer, and proving your eligibility for the H1B1 visa, you can start the application procedure.
You have to apply from the consulates or US Embassy in Singapore or in Chile.
Step 1: Complete the DS-160 Form
The DS-160 form can be found online and needs to be filled with full and accurate information. It is one of the most important parts of the application together with your interview.
Step 2: Schedule your interview
Try to schedule your interview as early as possible, since appointments take time to be scheduled. Also, if you complete your interview early, you will also get a response in less time and will know whether you have been granted the H1B1 visa.
Step 3: Submit the required documents
You have the option of sending the documents via courier or in person. If you submit them in person, you will have to bring the originals, but if you send them via courier, you can attach copies.
Step 4: Attend the interview
During the interview you will be asked about all the information and documents you have submitted, and the interviewers will try to determine whether you intend to stay permanently in the US or not.
H1B1 Visa Fees
The visa fees that applicants have to pay for the H1B1 visa include the following:
- Visa Application Fee – for the amount of $205 as with all H visa categories
- Visa Issuance Fee – or reciprocity fee, which is determined based on your location. You can whether you have to pay it, and the amount in the Department of State.
For each fee that you pay, you must keep the receipt which proves you have completed your payment. You will need these receipts when you submit your application to the US Embassy online or at the interview.
What Are the Differences With the H1B Visa?
The H1B1 visa is similar to the H1B visa which is available to all nationalities, including Chile and Singapore. Here is how H1B1 visas are different:
- Are not petition based, which means employers do not have to file I-129 forms with USCIS.
- It does not allow to change the status to an immigrant visa or a Green Card.
- H1B1 visa holders do not necessarily have to possess licenses to practice a profession where it is applicable.
H1B1 Visa Processing Time
Processing times vary from country to country, but in general it takes 4 to 6 months for the H1B1 visa to be processed.
In addition, if you want to vary the status of your visa, you can also visit the US Department of State. On this page, you should choose the visa type (Immigrant or Nonimmigrant), which for the H1B1 visa, it is Nonimmigrant. Then you should enter your location and your application ID, or case number. The website will show you whether your visa is pending or still processing.
H1B1 Extension
The H1B1 visa is given for 12 to 18 months, with the potential to extend it on a one year basis, indefinitely as long as you prove you are working in the US and that at some point you intend to return to Singapore or Chile You can apply for an extension 4 to 6 months before it expires. The H1B1 visa can be extended indefinitely .
Your employer will have to submit the LCA certification and you will have to submit your pay stubs to demonstrate you are working. There are two ways to extend or renew your H1B1 visa:
- Your employer should apply 4 to 6 months before expiration.
- You can seek a new H1B1 visa at an embassy outside the US.
H1B1 Transfer
The H1B1 visa transfer can mean two things:
- You want to change employers while you are on an H1B1 visa
- You want to transfer to another type of visa
If you want to switch employers, your new employer should go through the same procedures of obtaining LCA certification from the Department of Labor and get a form I-797A. Your transfer must be approved before you start working. Another way that you can do this is by going to a US Embassy outside of the US and get another H1B1 visa stamp with your new employer’s name and LCA number on it.
If you want to transfer to another visa, you have to go through the procedures as if you were getting the visa for the first time. For example, if you want to get an H-1B visa, you will have to get LCA certification and USCIS petition approval from your employer and then follow the other instructions.
During the time you are on an H1B1 visa, you may apply for other types of visas, except the American Green Card. If you attempt to apply for the Green Card while on an H1B1 visa, your status might be at risk and you could be deported.
However, if you intend to get the Green Card, you can apply to get a different type of visa, such as the H-1B, and then apply for the Green Card.
H1B1 Dependents Visa
As a rule, your spouse and children under 21 years old are allowed to accompany you to the US while you are working. They can get H4 visas, which allow them entry into the US, and they are allowed to enroll in academic studies. However, they are not allowed to engage in employment while in the US.
For your spouse to get approval, you will need to submit your marriage certificate. If your spouse is of a different nationality than Singaporean or Chilean, it is best for you to apply together for the visas. The reason for this is that if your spouse applies for the H4 visa after you, they might be required to go to their home country and apply from the US Embassy there.