The H-1B1 visa is possibly the most rare and unique of all work-related visas. And unless you are from Singapore or Chile or work within the U.S. immigration system, chances are you’ve never heard of it.
But for Singaporeans and Chileans aiming to enter the U.S. on a temporary work visa, an H-1B1 visa can be a valuable (and viable) option.
Because H-1B1 visas are so uncommonly issued (only 6,800 per year), it can be hard to find accurate information readily available for those looking to apply. In the article below, our firm will outline the correct documentation, the required paperwork, and the steps you’ll need to take in order to make sure that your H-1B1 application is accepted by the U.S. Citizenship and Immigration Services (USCIS) and that you are cleared for travel.
While the information below will be helpful in initiating the H-1B1 application process, there will likely be many questions that come up as you begin your application. An H-1B1 visa attorney can not only be helpful in answering these questions, but also help give your application an edge over the others in this competitive visa category. Help is only a phone call away. Naya Immigration has the experience and resources available to help you enter the U.S. on an H-1B1 visa.
Understanding H-1B1 Visas
An H-1B1 visa is a subcategory of the H-1B visa category, which grants entry into the U.S. based on specialty occupations. Like the H-1B category, H-1B1 visas have a specific set of eligible occupations and educational requirements.
Most importantly, H-1B1 visas are only issued to citizens of Chile and Singapore on a temporary basis and are not available to those considering permanent residency or U.S. citizenship.
Another important distinction between H-1B and H-1B1 visas is the expiration timeline. While H-1B visas expire after three years, H-1B1 visas expire after only one year. However, if you are successful in acquiring an H-1B1 visa, you will have the option of unlimited extension on a year-by-year basis should you still meet the visa eligibility.
This is different from an H-1B visa, which only allows a maximum three-year extension following the initial three-year period.
Lastly, one benefit to applying for an H-1B1 visa as opposed to the H-1B visa is that, while you will need to file most of the same paperwork and obtain a legitimate job offer to validate your application, you won’t need to rely on your employer to petition on your behalf, which can save valuable time and energy during the application process.
Requirements for the H-1B1 Visa
Apart from your Chilean or Singaporean citizenship, you’ll also need to prove that you meet the following eligibility factors to the USCIS:
- You have at least two years in a specialized occupation, including mathematics, science, architecture, accounting, engineering, finance, or technology.
- You have a valid and current job offer in these or similar fields.
- The job offer comes from an employer who intends to sponsor you.
- You have no intention of immigrating permanently to the U.S.
In addition to these, you’ll need to prove you have at least a bachelor’s degree (or U.S. equivalent). However, this requirement can be waived if you are a Chilean who has a background in agricultural management or physical therapy or you are a Singaporean with experience as a disaster relief claims adjuster or as a consultant manager.
As with the other occupational eligibility requirements, your job offer in the U.S. must be in your respective field.
Documents Required for H-1B1 Visas
If you meet the eligibility requirements, the next step is to begin collecting the required documents. Among others, you will need:
- A job offer letter that offers you a position in one of the eligible fields and requires at least a bachelor’s degree or two years of job experience
- A bachelor’s degree
- A Chilean or Singaporean passport
While you are free to submit these documents directly to a U.S. embassy or U.S. consulate in Singapore or Chile, you will need to make sure your employer in the U.S. has filed a Labor Condition Application (LCA) beforehand.
An LCA is a required statement by an employer that assures the Department of Labor (DOL) that the job you’ve been offered has been advertised in the U.S. for a specific amount of time before being offered to a foreign worker.
In many situations, an LCA will likely have already been filed by the employer if they’ve hired foreign workers for the same position. For example, if you’ve been hired as a disaster claims adjuster in the U.S. by an employer who has hired other foreign workers to do the same job.
In this case, the employer won’t need to file multiple LCAs, and you will be free to continue with the application process.
Let Us Help
Let us guide you through your immigration journey with expert care and dedication—contact us today to see how we can help you achieve your goals.
H-1B1 Visa Steps
The remaining process for applying for an H-1B1 depends on whether you are living abroad in Chile or Singapore, or if you are already in the U.S. on another work visa. If you are in Chile or Singapore and your employer’s LCA has been accepted by the USCIS, the next step will be to schedule an interview at a U.S. consulate or embassy in your country.
However, if you’re already in the U.S. on another work visa, your employer will need to file Form I-129 (Petition for a Non-Immigrant Worker) before scheduling your interview. When your I-129 is approved, you’ll need to travel back home to Chile or Singapore and return again for an H-1B1 stamp before being allowed to begin work in the U.S.
When it comes time for your interview, bring all of your required documentation along with evidence proving that you have no intention of remaining in the country once your job ends. This could be:
- A rental lease or property deed in your country of origin
- A separate job offer which begins once your job in the U.S. ends
- Admittance into an educational program in your country of origin
- Any documentation which suggests that you will return home once your job in the U.S. ends.
In addition to the required documentation, you’ll also need to undergo a medical examination that clears you for the work you’ll be doing and confirms that you are free of any communicable diseases.
The agent conducting your interview will also make sure you’ve paid all of the necessary fees. Fortunately, the fees for an H-1B1 are some of the most affordable fees associated with U.S. non-immigrant visas.
Once you’ve finished your interview, and no issues come up, you will likely be issued a visa within a few months. If you’ve been approved for an H-1B1 visa, and you’ve been waiting longer than a year, consulting an immigration lawyer can potentially speed things along. Naya Immigration has many years of experience working with the USCIS to identify any issues with H-1B1 visa applications and locate ways they can be corrected. Contact our firm today and discover ways we can help your application get the attention it deserves.
H-1B1 Premium Processing
Premium processing is an expedited processing solution that allows applicants to pay an extra fee in exchange for a shorter processing window. While H-1B visa applicants have the option to enroll in premium processing, H-1B1 applicants do not.
However, if you’ve already begun the H-1B1 application process, you are still permitted to submit an H-1B application simultaneously, so long as you meet the necessary requirements.
Experienced California H-1B1 Attorneys Are Available
Still feeling overwhelmed by the H-1B1 application process? We’re here to help.
Many work visa applicants are burdened by the pressure to provide for their families and other financial responsibilities, which means that every second counts when it comes to securing employment.
If you need legal representation in the U.S. immigration system, consider enlisting the help of an H-1B1 lawyer at Naya Immigration. We can give you the support you need to succeed at filing your paperwork, gathering your documentation, and passing your consular processing. Contact our office today for a consultation.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
Contact Us
Don’t let Immigration be complex and overwhelming, our experienced legal team is here to guide you every step of the way.
Contact us today to schedule your confidential consultation. Let us help you build your future.
