H-1B1 visa


The H-1B1 visa is a variant of the H-1B visa in the United States for nationals of Singapore and Chile. The version for Singapore is called the H-1B1-Singapore and the version for Chile is called the H-1B1-Chile. These categories were introduced with the Singapore–United States Free Trade Agreement and Chile–United States Free Trade Agreement respectively, both of which were ratified in 2003 by the 108th United States Congress and became active on January 1, 2004. The visas are also called FTA visas because they were provided for through Free Trade Agreements.
H-1B1 is distinct from the E-3 visa for Australian nationals, even though both are variants of the H-1B. It is also distinct from the TN visa and associated status for residents of Canada and Mexico, which is associated with the North American Free Trade Agreement.

Relation with the H-1B program

Of the 65,000 visas allocated to the capped H-1B visa program, the amount of 6,800 are reserved for use for the H-1B1: 1,400 for Chile and 5,400 for Singapore. All approved applications for H-1B1 classification, including those that involve issuance of a visa and those that involve a change of status, are counted towards these limits.
Unused slots in the H-1B1 program in a given fiscal year get added to the general H-1B quota for the next fiscal year.
Nationals of Chile and Singapore can still avail of the usual H-1B visa. This might be advantageous for some of them because the H-1B program places fewer restrictions along some dimensions.

Program details and differences with the usual H-1B program requirements

Two ways of obtaining H-1B1 classification

There are two different ways a person can obtain H-1B1 status necessary to start a job on H-1B1:
When the visa application or Form I-129 petition is approved, the worker can legally begin working on the H-1B1 classification on or after the indicated start date. Even for I-129 applicants, however, once the worker leaves the US to travel abroad, he/she must return home to a U.S. consulate for a new H-class visa stamp to re-enter the US. Please note that acquiring this visa stamp would require the worker to prove non-immigrant intent, without which his/her application may be denied, and he/she may not be able to return to the U.S.

Labor Condition Application

As is the case with the H-1B visa and E-3 visa, the employer needs to have a Labor Condition Application approved by the United States Department of Labor in order for the employee to be eligible for the H-1B1 status or visa. The LCA form is the same as for the H-1B visa, but needs to be annotated "H-1B1-Singapore" or "H-1B1-Chile" as the case may be. An employer may use a single LCA for multiple applicants as long as they all fall within the same category.
An approved LCA is a prerequisite for applying for H-1B1 classification.

Eligibility criteria

Definition of specialty occupation

The concept of specialty occupation used for the H-1B1 status is somewhat broader than that used for the H-1B. Specifically, although the normal minimum requirement for an H-1B is a specialized bachelor's degree, the trade agreements with Chile and Singapore permit alternate credentials in certain professions:
As with the H-1B visa, it is necessary that there be a clear employer-employee relationship between the petitioning employer and the applicant. In particular, the H-1B1 visa applicant cannot be self-employed or an independent contractor.

Non-immigrant intent

The H-1B visa is a dual intent visa, i.e., people who arrive on this visa may have partial immigrant intent. On the other hand, the H-1B1 visa is a non-immigrant intent visa, and applicants for the visa must clearly demonstrate such intent by demonstrating the following three things:
  1. has a residence abroad,
  2. has no immediate intention of abandoning that residence, and
  3. intends to depart the U.S. upon the termination of the visa.
However, an intent to immigrate in the future, which is in no way connected to the proposed immediate trip, is not in itself grounds to deny the alien an H-1B1.
Note that, as with most non-immigrant statuses, the burden of demonstrating non-immigrant intent falls only at the time of visa application. Those who achieve the H-1B1 classification through a change of status via Form I-129 do not need to demonstrate non-immigrant intent - until they travel outside the U.S., after which they must return to their home country and apply for a H-class visa to re-enter the U.S.

Renewable one-year admission

Admission on a H-1B1 visa is for 18 months, but the status can be renewed in yearly increments. Unlike the H-1B visa, there is no six-year limit. However, the associated Labor Condition Application is valid for only two years, so after every two years a new LCA must be filed and used to support the petition.

Visa for spouses

The spouses of H-1B1 status holders are eligible for the H-4 visa and associated status, same as for the spouses of H-1B status holders.

Differences with H-1B program

CriterionH-1BH-1B1
Eligible nationalitiesAll non-USOnly Singapore and Chile
Relation with capsCounted against the general annual cap of 65,000 for the fiscal year, with some exceptions.Separate cap of 1,400 for Chile and 5,400 for Singapore. Unused H-1B1s for the previous year are added to a given fiscal year's cap.
Role of Form I-129 All H-1B classifications require the employer to file this formOnly applications for change of status, extension of status, or change of employer need this Form.
Duration3 years, can be extended by another 3 years. After the completion of 6 years, cannot renew the H-1B status and must leave the US for at least a year before starting the next H-1B.Indefinitely renewable 1-year increments
Definition of specialty occupationNarrow list of specialty occupations, all of which require a bachelor's degree or equivalent work experience.In addition to all the specialty occupations eligible for H-1B, allows agricultural managers and physical therapists and management consultants and disaster relief claim adjusters.
Non-immigrant intentThe H-1B is a dual intent status, i.e., applicants may have intent to immigrate to the United States.H-1B1 visa applicants must clearly demonstrate non-immigrant intent, and may not apply for a Green Card while on the H-1B1.
Portability rule Applicants on H-1B can start a job with a new employer as long as they have submitted a Form I-129, even before the form is approved.Applicants can start work with an employer only after their H-1B1 classification is approved, even if they are switching jobs.
Premium ProcessingThe H-1B is eligible for Premium Processing. Either the employer or the employee can pay the required $1,410 to expedite the application. USCIS guarantees a response within 15 calendar days, or the $1,410 will be refunded Although the H-1B1 transfer of status processed in the same pool as other H1B I-129 change-of-status or extension of stay applications, it is ineligible for Premium Processing.
Cap-Gap ExtensionThe H-1B is eligible for Cap Gap Extension, which allows students who are on OPT or in their 60-day grace period as of April 1st - and have a pending/approved October 1st H-1B petition - to continue working or stay in the US during the "gap."The H-1B1 is not eligible for the Cap Gap Extension. If a student's OPT ends, he/she must stop work immediately, and only resume employment when the H-1B1 petition has been approved.
Start DateThe H-1B application opens every April 1st, 6 months before the official start date on October 1st. Unless under Cap-Gap, applicants who are accepted in the lottery may not start working until October 1st, and may not travel to the U.S. on H status until 10 days before their start date.H-1B1 applicants can travel to the U.S. and start working as soon as their petitions are approved.
FeesThe employer assumes most of the following fees for the H-1B:
For the H-1B1:
  • If applying for H-1B1 change of status, the fees are the same as the H-1B's, except an exempt $500 fraud prevention and detection fee. Also, Premium Processing is unavailable
  • If applying through Consular Processing, the employee only pays $190 as part of the DS-160 Non-Immigrant Visa application processing fee

    • Usage of the program

    Below, the number of approved H-1B visa and H-1B1 visa applications from Singapore, Chile, and globally are listed. The H-1B1 classification became active on January 1, 2004, and the first H-1B1 visa approvals happened in Fiscal Year 2004. Note that these are visa approvals, not the total number of classifications made. This would cause a slight lag in the statistics, because people from Singapore and Chile who were already in H-1B status would continue to apply for H-1B visas when their original visas expired, rather than switch to H-1B1 status. However, even as late as Fiscal Years 2011-2013 :
    Fiscal YearH-1B approvals H-1B approvals H-1B approvals H-1B1 approvals H-1B1 approvals H-1B1 approvals
    199780547358149000
    199891360371148000
    1999116513547156000
    2000133290600203000
    2001161643722278000
    2002118352597308000
    2003107196513259000
    2004138965600333724626
    200512409956127827519976
    2006135421599262440286154
    2007154053532269639416223
    2008129464473204719411308
    2009110367380204621302319
    2010117409483255419168251
    2011129134394199418171247
    2012135530375209461212249
    2013153223330187571261310
    2014161369348156870472398
    20151727483331641051551500
    20161800573301361294685609
    20171790493691371391759632
    20181796603371741498808690