U.S. Work Visa for Temporary Workers in Specialty Occupations (H-1B1)

1. What is the H-1B1 visa?


The H-1B1 visa is an employment-based temporary worker visa which allows citizens of Chile and Singapore to work in the United States. It was created as part of the U.S.-Chile Free Trade Agreement and U.S.-Singapore Free Trade Agreement. The H-1B1 visa is valid for one to three years and allows foreign workers to work in the US in specialty occupations that require theoretical or technical expertise in specialized fields.

2. What are the eligibility requirements to apply for an H-1B1 visa?


In order to be eligible for an H-1B1 visa, the foreign national must:
1. Possess a degree, equivalent to at least a U.S. baccalaureate degree, from an accredited college or university;
2. Have the appropriate credentials for the specialty occupation;
3. Be entering the U.S. solely to perform services in a specialty occupation;
4. Be employed by a U.S. employer who has filed an I-129 petition with supporting documentation which clearly establishes that the foreign worker meets all of the H-1B1 requirements;
5. Have a valid passport; and
6. Have the qualifications and experience necessary to perform the duties of the job offered.

3. How long can a H-1B1 visa holder stay in the United States?


A H-1B1 visa holder can stay in the United States for a maximum of 18 months.

4. What documents are required to apply for an H-1B1 visa?


Applicants will need to provide the following documents when applying for an H-1B1 visa:

• A valid passport
• A nonimmigrant visa application, Form DS-156
• A petition for a Nonimmigrant Worker, Form I-129
• A copy of the Labor Condition Application (LCA) certified by the U.S. Department of Labor
• Evidence of a degree from a U.S. accredited college or university, or evidence of equivalent experience
• A written employment contract with the employer offering the job in the United States
• Evidence of a salary or other remuneration for services to be performed in the United States
• Documentation showing that the employer is a U.S. employer and is able to pay the required wage for the position offered
• Two passport-size photographs

5. What is the prevailing wage requirement for an H-1B1 visa holder?


The prevailing wage requirement for an H-1B1 visa holder is determined based on the occupation and the local area wage rates. The U.S. Department of Labor’s Wage and Hour Division is responsible for determining the prevailing wage rate for a particular area and occupation. The prevailing wage must be paid in order to maintain an H-1B1 visa holder’s status.

6. How much does the application for an H-1B1 visa cost?


The cost of filing an H-1B1 visa application typically ranges from $325 to $500, depending on the type of application being filed. Additionally, some applicants may be required to pay additional fees, such as an American Competitiveness and Workforce Improvement Act (ACWIA) fee, Fraud Prevention and Detection fee, and an optional premium processing fee.

7. Are dependents of H-1B1 visa holders able to reside in the U.S.?


Yes. H-1B1 visa holders are allowed to bring dependent family members who qualify for H-4 visas. Dependents of H-1B1 visa holders may reside in the U.S. with the H-1B1 visa holder, but they cannot work or study in the U.S. without obtaining additional authorization.

8. Can I extend my H-1B1 visa if I want to remain in the U.S.?


Yes, you can extend your H-1B1 visa if you want to remain in the U.S. You must file an I-129 petition with the U.S. Citizenship and Immigration Services (USCIS) prior to the expiration date of your current status. You must also provide evidence that you still meet the requirements for the H-1B1 visa, such as a valid job offer and proof of maintenance of the specialty occupation requirements.

9. What is the difference between an H-1B and an H-1B1 visa?


An H-1B visa is a nonimmigrant work visa that is available to foreign nationals who are employed in specialty occupations in the United States. The H-1B visa requires that the foreign national have a job offer from a U.S. employer prior to applying for the visa.

An H-1B1 visa is similar to an H-1B visa, except it is specifically for citizens of Singapore and Chile. An H-1B1 visa does not require a job offer from a U.S. employer prior to applying, and the visa application process is generally quicker than for an H-1B visa.

10. What type of jobs are classified as specialty occupations for an H-1B1 visa?


Specialty occupations for H-1B1 visas include jobs that require highly specialized knowledge and a bachelor’s degree or higher in a specific field, such as scientists, engineers, computer programmers, and IT professionals. Other occupations that may qualify include architects, teachers, and accountants.

11. Is a Labor Condition Application (LCA) required for an H-1B1 visa application?


Yes, an LCA is required for an H-1B1 visa application.

12. Is there a cap on the number of H-1B1 visas issued each year?


Yes, there is a cap on the number of H-1B1 visas issued each year. The current annual cap is set at 6,800.

13. Is it possible to change employers while on an H-1B1 visa?


Yes, it is possible to change employers while on an H-1B1 visa. However, you must receive a new petition from the new employer before changing employers, and it must be approved by the United States Citizenship and Immigration Services (USCIS).

14. Are there restrictions on what activities an H-1B1 visa holder can engage in while in the U.S.?


Yes. An H-1B1 visa holder must only engage in activities that are consistent with the visa classification. These activities must be related to the profession for which the visa was approved. Additionally, an H-1B1 visa holder cannot engage in activities that are considered unauthorized employment, such as working for an employer who does not have an approved H-1B1 petition.

15. How long does it take to process an application for an H-1B1 visa?


It usually takes around 3-5 months to process an application for an H-1B1 visa. However, processing times vary depending on the nature of the applicant’s case and the time of year that the application is submitted.

16. Can an employer sponsor a foreign worker for permanent residence after receiving an approved H-1B1 visa?


Yes, an employer can sponsor a foreign worker for permanent residence after receiving an approved H-1B1 visa. The foreign worker must go through the typical immigration process to gain permanent residence status. This includes being sponsored by the employer, filing the necessary forms, and attending an interview with the U.S. Citizenship and Immigration Services (USCIS).

17. Are there labor protections for H-1B1 visa holders while they are employed in the U.S.?


Yes, H-1B1 visa holders are entitled to the same labor protections as other U.S. workers. This includes the minimum wage, overtime pay, the right to join a union, and protection from discrimination based on race, sex, religion, national origin, etc. H-1B1 visa holders are also protected by safety regulations and are subject to the same tax laws as U.S. citizens.

18. What is the difference between a dual intent and single intent petition for an H-1B1 visa application?


A dual intent petition for an H-1B1 visa application is when the applicant is seeking both a non-immigrant visa (H-1B1) and an immigrant visa (green card). The non-immigrant visa allows the applicant to work in the U.S. temporarily and the immigrant visa allows them to work and live in the U.S. permanently.

A single intent petition for an H-1B1 visa application is when the applicant is only seeking a non-immigrant visa (H-1B1) for temporary work in the U.S. The applicant has no intention of applying for an immigrant visa or a green card.

19. What is the maximum amount of time a foreign worker can stay in the U.S. with an approved H-1B1 visa?


Foreign workers can stay in the U.S. on an H-1B1 visa for a maximum of three years. After three years, the foreign worker must either leave the country or apply for an extension of their visa.

20. Can I transfer my H-1B visa to another employer while I am still in the U.S.?


Yes, you can transfer your H-1B visa to another employer while you are still in the U.S. The new employer must file a new H-1B visa petition with the USCIS. Once the petition is approved, you may begin working for the new employer.