H-1B1 Free Trade Agreement (FTA) Professional Visa

The H-1B1 visa is a non-immigrant visa category specifically for citizens of Singapore and Chile who wish to work in the United States in specialty occupations. Here are key aspects of the H-1B1 visa:

  • Eligibility: The H-1B1 visa is available to citizens of Singapore and Chile who have a job offer in the U.S. in a specialty occupation, similar to the H-1B visa requirements.
  • Employer Sponsorship: An employer in the United States must sponsor the applicant by filing a petition with the United States Citizenship and Immigration Services (USCIS).
  • Qualifications: Applicants must meet specific qualifications, including possessing a bachelor's degree or higher (or equivalent experience) in a relevant field and being offered a job that requires specialized knowledge or skills.
  • Cap and Availability: Unlike the H-1B visa, the H-1B1 visa category does not have an annual cap, which means eligible applicants can apply for this visa throughout the year without being subject to a lottery.
  • Duration: Initially, H-1B1 visas are typically granted for up to one year, with the possibility of extensions in one-year increments. Extensions may be granted as long as the applicant continues to meet the visa requirements.
  • Employment Conditions: Employers must comply with prevailing wage requirements, provide a working environment that meets labor standards, and ensure that employing an H-1B1 worker does not negatively affect U.S. workers.
  • Dependents: H-1B1 visa holders' spouses and unmarried children under 21 years old may accompany them to the U.S. under the H-4 visa category, but they are not eligible to work unless they obtain separate work authorization.
  • Transition to Permanent Residency: H-1B1 visa holders may pursue lawful permanent residency (green card) in the U.S. through employment-based immigration channels if they meet the eligibility criteria.

As with other visa categories, navigating the H-1B1 visa process requires careful attention to eligibility criteria and compliance with all applicable regulations. Prospective applicants and sponsoring employers should seek legal advice to ensure a smooth application process.