Immigration Services

Immigration Services

Temporary Work Visas

H-1B1 Specialty Occupation Nonimmigrant Visa for Singaporean and Chilean Nationals

The H-1B1 visa category applies to Singaporean or Chilean nationals only, as well as their spouses and children. Note, however, that spouses and children of H-1B1 visa holders do not need to be Singaporean or Chilean citizens.

In order to qualify in the H-1B1 visa category, the beneficiary must have earned a bachelor’s degree or equivalent in a specific specialty (e.g., Computer Engineering, Mathematics, Biology, etc.), and the position for which the beneficiary’s services are sought must ordinarily require at least a bachelor’s degree in specialized fields.

Under USCIS regulations, a “specialty occupation” is
    . . . an occupation that requires theoretical and practical application of a body of specialized knowledge; and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
Additionally, every H-1B1 petition or application must be accompanied by a certified Labor Condition Application (LCA), which, among others, confirms the employer’s obligation to pay the required wages to H-1B1 visa holders.

While the total number of standard H-1B visas that may be granted each year is 65,000, out of that number, 5,400 visas are set aside annually for H-1B1 visas for Singaporean nationals and 1,400 visas are set aside for Chilean nationals. As such, Singaporeans and Chileans may usually avail of the H-1B1 classification even if the H-1B cap is reached.

The H-1B1 visa application may be filed directly at a U.S. Consulate or Embassy abroad or with the U.S. Citizenship & Immigration Services (USCIS). H-1B1 visas can be granted for an initial maximum period of up to 18 months, and can be extended indefinitely. The H-1B1 is an “employer-specific” visa, which allows the beneficiary to work only for the sponsoring employer. The beneficiary may change employers by having a new employer file an H-1B1 transfer petition with USCIS or by applying for a new H-1B1 visa at a U.S. Consulate or Embassy abroad.

Spouses and children of H-1B1 visa holders are classified as H-4 dependents. Holders of H-4 status are not entitled to work in the United States.

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