Because of special treaties between that the US has with Chile and Singapore, Chileans and Singaporeans have a fast-track option to receive an H-1B1 specialty occupation visa to temporarily work in the United States. A specialty occupation is:
An occupation which requires theoretical and practical application of a body of highly specialized knowledge . . . including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.
The employee must have at least a bachelor’s degree or the equivalent in a specific specialty. Unlike the more common H1-B visa, the H-1B1 permits individuals in four jobs to meet different educational requirements: agricultural managers, physical therapists, management consultants, and disaster relief claims adjusters.
Period of Stay
An individual’s first admission to the US in H-1B1 status will last one year. After that, the individual can apply for one-year extensions. Unlike the typical H-1B, there is no 6-year limit on H-1B1 status.
Labor Condition Application
The first step is to get a Labor Condition Application certified by the Department of Labor. In the LCA, the employer attests that there is no strike or lockout; the working conditions will not adversely affect U.S. workers; the employer will pay the greater of the prevailing or actual wages, notice of the filing of the LCA has been given to other employees or the bargaining representative; and if the employer is H-1B dependent, recruitment and non-displacement attestations may apply.
Unlike the H1-B, for the H-1B1, Form I-129 is not required to be submitted to USCIS. The visa applicant simply brings the approved LCA to a US consulate to apply for a visa along with the required supporting documentation, including a written offer of employment.
Lottery for Cap-Subject H-1B Petitions
For the past several years there has been a lottery system for cap-subject H-1B petitions. There are 65,000 H1-Bs available for non-Master’s degree individuals. Of those, 1,400 are reserved for Chileans and 5,400 are reserved for Singaporeans to get H-1B1 visas.
Some H-1Bs are not subject to the cap. If the petitioner is an institution of higher education, a nonprofit associated with an institution of higher education, a nonprofit research organization or a government research organization, the petition is not subject to the lottery process.
- $190: visa fee
- Certified Labor Condition Application (LCA)
- Form DS-160
- Get certified LCA
- Apply for visa at consulate
- Enter US with 1-year admission period
- Unlimited extensions of 1 year each are available
Immigrant intent: No
- Dual intent not permitted
- Not OK to simultaneously seek permanent residence (green card)
- Must prove that you do not intend to abandon your residence in Chile or Singapore and you must prove that you will not try to get a green card in the US on your present trip
- On the other hand, there is no specific requirement that you must maintain a residence in abroad.