H-1B1 Visa for Chile and Singapore Workers

The H-1B1 visa category was created in 2003 when President George Bush signed into law the Free Trade Agreement with Chile and Singapore.  The agreement created the H-1B1 nonimmigrant visa which provides a potential alternative to the H-1B for foreign nationals from the countries of Chile and Singapore.

H-1B1 Visa Requirements

The H-1B1 visa has the same requirements as the H-1B visa. In addition to the availability of the H-1B visa, the H1B1 nonimmigrant visa is available to certain professionals who may not possess post-secondary degrees or the equivalent, but who work as Agricultural Managers or Physical Therapists (for Chilean nationals only); or Disaster Relief Claims Adjusters or Management Consultants (for both Chilean and Singaporean nationals).

A worker with highly specialized knowledge or skills hired by a United States employer may be eligible for an H-1B Specialty Worker visa.  The H-1B visa is good for up to six years. The United States employer must meet wage requirements which are designed to prohibit United States companies from hiring immigrants for the purpose of minimizing company costs and lowering wages in any given field of work. 

Employers who meet the following H-1B1 visa requirements can file for an employee:

• Employers seeking to employ a current H-1B1 Free Trade nonimmigrant from Chile or Singapore presently employed by another H-1B1 employer.
• Employers requesting an initial extension of H-1B1 status for an H-1B1 Free Trade nonimmigrant from Chile or Singapore they presently employ.
• Employers seeking to change an alien’s status and employ an alien as an H-1B1 Free Trade nonimmigrant from Chile or Singapore in “new employment.”

H-1B1 Visa Fees and Costs

The H-1B1 visa costs include a visa fee of $190.  The sponsoring employer must pay the filing fee to the USCIS.  The USCIS also imposes a Fraud Prevention and Detection Fee which is currently and additional $500.

If the employer has more than 25 full-time employees (including subsidiaries or affiliates) he has to pay a fee of $1,500 which is in compliance with the American Competitiveness and Workforce Improvement Act. This fee is imposed in effort to dissuade U.S. employers from hiring outside of the U.S. workforce.  Many in the U.S. fear that immigrants will take their jobs or will drive down wages. The fee is $750 if the petitioning employer has less than 25 full-time employees. 

H-1B1 Visa Documents Needed

Immigrants from Chile or Singapore must file the following H-1B1 visa documents in the process of application:

• Employers should complete and file the Petition for a Non-immigrant Worker (Form I-129),
• The Nonimmigrant Classification based on Free Trade Agreement Supplement to

Form I-129

• The H-1B Data Collection and Filing Exemption Supplement (previously Form I-129W).
• Labor Certification

Help from a US Immigration Lawyer

The H-1B1 visa is a specific visa with narrow qualifying requirements.  If you have questions regarding your eligibility for this visa, you should consult an experienced immigration attorney.  An immigration attorney can assess your eligibility as well as help prepare the documents necessary from your employer. The easier you can make the process for your employer, the more likely you are to convince the employer that hiring you will not make mean more work for them.