The H-1B1 visa is a nonimmigrant category created under the United States’ free trade agreements (FTAs) with Chile and Singapore. It provides a streamlined route for professionals from these two countries to work in the United States in speciality occupations, broadly similar to the H-1B visa but with distinct features.
What this article is about: This guide explains the H-1B1 visa in full detail for employers and applicants. It covers the visa’s background, eligibility requirements, application process, employer compliance obligations, and how it compares with other work visa routes. By the end, both US employers and prospective applicants will have a clear overview of how the H-1B1 operates, its benefits, and its limitations.
The H-1B1 visa is capped at a relatively low annual number and offers shorter grant periods than the H-1B, but it remains an important option for employers seeking highly skilled Chilean and Singaporean professionals. For applicants, it provides a defined path to lawful employment in the United States while avoiding the heavily oversubscribed H-1B lottery.
Section A: Overview of the H-1B1 Visa
The H-1B1 visa was established through the United States’ bilateral free trade agreements with Chile and Singapore, signed in 2003. These treaties created specific nonimmigrant work visa categories to facilitate the movement of professionals between the countries. The H-1B1 is therefore a treaty-based visa, unlike the general H-1B which is available to nationals of all countries.
One of the defining features of the H-1B1 is its annual cap. Out of the overall H-1B quota of 85,000 visas per fiscal year, 6,800 are set aside for H-1B1 applicants—1,400 for Chilean nationals and 5,400 for Singaporean nationals. If these quotas are not fully used in a given year, the unused numbers are returned to the general H-1B pool for the next year.
The H-1B1 is designed for “specialty occupations,” mirroring the H-1B’s focus on roles that require the application of highly specialised knowledge and at least a bachelor’s degree or equivalent in the relevant field. This means professionals in fields such as engineering, mathematics, science, healthcare, and business management may qualify, provided they meet the criteria.
Unlike the H-1B visa, which is typically granted in three-year increments (up to six years in total), the H-1B1 is granted for an initial period of one year if admitted in the US, or up to 18 months if issued at a consulate abroad. It can be renewed annually with no formal maximum limit, provided the underlying job and eligibility criteria continue to be met.
Another important distinction is intent. While the H-1B visa allows “dual intent”—permitting holders to apply for permanent residence while in the US—the H-1B1 is a strictly temporary visa. Applicants must demonstrate nonimmigrant intent, meaning they must show that they intend to return to their home country once their employment in the US ends. In practice, consular officers may allow limited tolerance if a green card application is filed later, but formally the H-1B1 does not recognise dual intent.
Section Summary:
The H-1B1 visa is a treaty-based work visa category reserved for professionals from Chile and Singapore. It provides a dedicated quota each year, requires employment in a specialty occupation, and is granted for one-year periods with unlimited extensions. While similar to the H-1B, it is more restrictive in terms of intent and duration, but offers a practical alternative to the oversubscribed H-1B lottery.
Section B: Eligibility Criteria
To qualify for the H-1B1 visa, both the applicant and the sponsoring US employer must meet specific requirements. The rules are designed to ensure the visa is used only for genuinely skilled roles and that it complies with the terms of the US free trade agreements with Chile and Singapore.
1. Nationality
The most fundamental requirement is nationality. Only citizens of Chile or Singapore are eligible to apply for the H-1B1 visa. Permanent residents of these countries who do not hold citizenship are not eligible. Applicants must provide a valid passport from Chile or Singapore to prove their nationality.
2. Specialty Occupation Requirement
The offered position must qualify as a “specialty occupation.” This mirrors the requirement under the H-1B program and means the role must require:
- Theoretical and practical application of a body of highly specialised knowledge.
- At least a bachelor’s degree, or equivalent, in a directly related field.
Fields commonly qualifying include engineering, computer science, mathematics, physical sciences, healthcare professions, business specialties such as management and finance, and certain social sciences. The US Department of Labor (DOL) evaluates the position based on the nature of the duties and the industry standards for qualifications.
3. Educational Qualifications
Applicants must hold the required educational background for the role. At minimum, this is a US bachelor’s degree (or foreign equivalent) in a directly related field. In cases where an applicant has gained expertise through a combination of education and professional experience, equivalency may be assessed through recognised credential evaluation services. For regulated professions such as medicine, law, or accountancy, state licensure may also be required before employment can begin.
4. Employer Requirements
The US employer must offer a genuine position that meets the specialty occupation standard. Before hiring a foreign worker under the H-1B1 route, the employer must obtain certification of a Labor Condition Application (LCA) from the Department of Labor. The LCA confirms that the employer will:
- Pay the prevailing wage for the role.
- Provide working conditions that will not adversely affect US workers.
- Comply with recordkeeping and public access file requirements.
The LCA is a key compliance safeguard and must be approved before the visa application can proceed.
5. Nonimmigrant Intent
Unlike the H-1B, which recognises dual intent, the H-1B1 requires applicants to show that they have no present intention of abandoning their residence outside the United States. Consular officers may request evidence of ties to the home country, such as property ownership, family connections, or ongoing employment. While this does not mean an H-1B1 holder can never apply for a green card, the standard is higher, and care must be taken to avoid conflicting with the requirement of temporary intent.
Section Summary:
Eligibility for the H-1B1 visa rests on several critical factors: the applicant must be a citizen of Chile or Singapore, hold the necessary educational background for a specialty occupation, and have a valid offer from a US employer that has secured an approved LCA. Applicants must also demonstrate nonimmigrant intent, distinguishing this visa from the dual-intent H-1B. Together, these criteria ensure the H-1B1 is used for its intended purpose of facilitating skilled professional exchanges under the US free trade agreements.
Section C: Application Process
Applying for the H-1B1 visa involves steps for both the sponsoring U.S. employer and the Chilean or Singaporean applicant. Unlike the regular H-1B route, the H-1B1 may be pursued directly at a U.S. consulate abroad without first obtaining a USCIS petition approval. If the candidate is already in the United States in another valid status, a change of status or extension in H-1B1 classification can be filed with USCIS on Form I-129.
1. Employer Requirements
File the Labor Condition Application (LCA). The employer must obtain a certified ETA-9035 LCA from the U.S. Department of Labor before any visa or status filing. The LCA must be annotated for “H-1B1 Chile” or “H-1B1 Singapore,” reflect the correct worksite(s), and meet the prevailing wage for the occupational classification. Employers must post notice, prepare and maintain the Public Access File, and ensure wage and working-condition attestations are satisfied throughout employment.
Prepare the offer package. Issue a detailed offer letter describing title, duties, worksite(s), salary, and start date aligned with the LCA validity period. Gather evidence of the job’s specialty-occupation nature (e.g., duty breakdown, degree requirement, industry norms) to support the consular interview or any USCIS adjudication.
2. Employee Application Steps
Consular route (outside the U.S.). After LCA certification, the applicant completes the DS-160, pays the MRV fee, schedules a consular interview (in Chile, Singapore, or a third-country post that accepts nonresident applicants), and attends biometrics and interview. The applicant presents the certified LCA, offer letter, credentials, and nationality evidence. If approved, a visa is issued (typically with up to 18 months validity, subject to reciprocity). On entry to the U.S., CBP admits the individual in H-1B1 status generally for up to one year as shown on the I-94.
USCIS route (inside the U.S.). If eligible to change or extend status without departing, the employer files Form I-129 requesting H-1B1 classification, attaching the certified LCA and supporting evidence. Upon approval, the employee may begin or continue work in H-1B1 status through the approval period. If later traveling internationally, the employee will still need to obtain an H-1B1 visa at a consulate to reenter.
Administrative processing caveat. Some consular cases are delayed under INA 221(g) administrative processing, which can add weeks or longer. Build this into hiring timelines, particularly for time-sensitive start dates.
3. Documentation Needed
While specific consular or USCIS requirements can vary, applicants should prepare a complete, well-organized file. Typical items include:
- Valid Chilean or Singaporean passport and proof of nationality.
- Certified ETA-9035 LCA annotated for H-1B1 (Chile/Singapore).
- Detailed job offer letter and description of duties, worksite(s), salary, and start date.
- Evidence the role is a specialty occupation (e.g., degree requirement, occupational codes, industry sources).
- Educational credentials: degree certificates, transcripts, and any credential evaluations for foreign degrees.
- Professional licenses or state registrations if required to perform the role.
- Evidence of nonimmigrant intent (e.g., family, property, or other ties abroad) for consular applications.
- Any prior U.S. immigration documents (I-94, prior approvals) if filing with USCIS.
4. Fees and Processing Times
Fees. For consular filings, the applicant pays the MRV fee and any applicable reciprocity (issuance) fee. There is no separate USCIS petition fee for consular H-1B1. For change of status or extension with USCIS, standard I-129 filing fees apply to the employer; availability of premium processing for H-1B1 filings should be checked against current USCIS service offerings at the time of filing.
Timelines. Consular timelines depend on appointment availability and security checks; many cases resolve within weeks, though administrative processing can extend this. USCIS change-of-status or extension timings vary by service center and service level requested. Plan start dates conservatively and confirm I-94 class and end date at onboarding.
Section Summary:
The H-1B1 process begins with an employer-certified LCA, followed by either a direct consular application abroad or an I-129 change/extension inside the U.S. A complete document set, awareness of potential 221(g) delays, and alignment of offer terms with the LCA are key to smooth processing. Consular cases typically avoid USCIS petition fees; USCIS filings are available for in-country changes or extensions.
Section D: Duration, Extensions, and Compliance
The H-1B1 visa is structured to support short-term but renewable employment in the United States. Unlike the regular H-1B visa, which is typically issued in multi-year increments, the H-1B1 provides only one year of stay at a time when admitted in the U.S. However, it can also be issued for up to 18 months at a U.S. consulate abroad. The category permits indefinite renewals provided both the applicant and employer continue to meet the visa conditions.
1. Initial Grant and Renewals
The initial H-1B1 visa may be granted for up to one year of stay when admitted, or up to 18 months validity when issued by a U.S. consulate. At the end of this period, the visa holder may apply for renewal. There is no statutory maximum number of extensions, but each renewal must be supported by a valid job offer and an approved LCA. Renewals can be filed directly at a consulate abroad, or through USCIS with Form I-129 if the worker is in the U.S. in valid status.
Because of its short validity, visa holders and employers must plan carefully to avoid lapses in authorization. The annual renewal process may be more burdensome compared with the three-year grants under the H-1B visa, but it provides flexibility for shorter assignments.
2. Employer Compliance
Employers of H-1B1 workers must comply with U.S. Department of Labor requirements. These include:
- Paying at least the prevailing wage for the position as set out in the certified LCA.
- Maintaining accurate records of wages, working conditions, and worksite locations.
- Ensuring that hiring the foreign worker does not displace or adversely affect U.S. workers.
- Keeping a public access file available for inspection, containing the certified LCA and supporting information.
Failure to comply can lead to fines, debarment from visa programs, or other sanctions. Employers are also required to withdraw the LCA if employment ends earlier than expected. Unlike the H-1B program, however, employers are not specifically obligated by law to pay for the worker’s return transportation if employment terminates early.
3. Switching to Other Visa Categories
Although the H-1B1 requires nonimmigrant intent, some holders later wish to pursue longer-term or permanent options. In such cases, it may be possible to transition from H-1B1 to another visa category. The most common route is switching to the regular H-1B visa, which allows dual intent and a longer period of stay. However, applicants must compete in the H-1B lottery unless exempt. Another option is to pursue employment-based permanent residence (green card) through a sponsoring employer, although careful timing and legal advice are needed to avoid conflict with the H-1B1’s strict nonimmigrant intent rules.
Section Summary:
The H-1B1 visa is issued in one-year increments (or up to 18 months at consular issuance) but can be renewed indefinitely as long as the applicant and employer remain eligible. Employers must comply with wage, recordkeeping, and worker protection rules, while applicants must maintain their temporary status. Transition to other visa categories is possible, though more complex due to the nonimmigrant intent requirement.
FAQs
How is the H-1B1 different from the H-1B visa?
The H-1B1 is reserved exclusively for citizens of Chile and Singapore under U.S. free trade agreements. It has a separate annual quota, requires proof of nonimmigrant intent, and is generally granted in one-year increments (or up to 18 months if issued at a consulate). The H-1B, by contrast, is open to all nationalities, has a larger annual cap, permits dual intent, and allows an initial stay of three years with extensions up to six years.
Can dependants accompany an H-1B1 visa holder?
Yes. Spouses and unmarried children under 21 may apply for H-4 dependent visas. Dependants may live in the U.S. for the same duration as the H-1B1 holder. However, unlike certain H-4 spouses of H-1B holders who may qualify for work authorisation in limited circumstances, H-4 spouses of H-1B1 holders are not eligible for work authorisation.
Is there a dual intent option with the H-1B1 visa?
No. The H-1B1 requires applicants to demonstrate nonimmigrant intent. This means applicants must show ties to their home country and an intention to leave the U.S. when their employment ends. While having a pending green card application is not automatically disqualifying, it can create complications at visa renewal or consular stages. By contrast, the H-1B formally recognises dual intent, allowing easier pursuit of permanent residence.
What happens if the H-1B1 holder changes or loses their job?
If employment ends, the visa holder generally loses their immigration status. A new employer must obtain a certified LCA and, depending on the situation, file a new H-1B1 petition with USCIS or support a consular visa application. Because the visa is tied to the specific job and employer, any material change requires new authorisation.
How many H-1B1 visas are issued each year?
A total of 6,800 visas are reserved annually, with 1,400 allocated to Chile and 5,400 to Singapore. Historically, demand has been lower than the allocation, meaning that numbers are often underutilised and available year-round. Unused visas are returned to the general H-1B pool for the following fiscal year.
What professions are most common for H-1B1 visas?
The H-1B1 is used primarily in professional sectors requiring bachelor’s-level education. These include engineering, science, information technology, business analysis, management consulting, finance, healthcare, and academia. The position must be shown to meet the specialty occupation requirement with supporting evidence.
Section Summary:
The FAQs highlight the H-1B1’s unique treaty-based nature, its strict temporary intent requirement, and its one-year (or 18-month) renewable structure. Employers and applicants should understand the differences from the standard H-1B, especially regarding dependants and the absence of formal dual intent, before proceeding with this visa category.
Conclusion
The H-1B1 visa is a focused, treaty-based route that lets U.S. employers hire qualified Chilean and Singaporean professionals into specialty occupations without navigating the main H-1B cap season and petition stage for consular cases. For employers, it can be cost-effective and faster to mobilise talent, provided LCA compliance, wage, and worksite controls are handled precisely. For applicants, the category offers access to the U.S. labour market with clear standards on qualifications and role fit, though it requires maintaining nonimmigrant intent and planning around one-year admission cycles (or up to 18-month consular visas).
The category remains underutilised compared to the standard H-1B, and its dedicated annual set-asides (5,400 for Singapore and 1,400 for Chile) are often available year-round. That availability, combined with direct consular filing and the option to change or extend status via USCIS when already in the U.S., makes H-1B1 a practical tool when the facts fit. Where long-term residence becomes a goal, many employers consider a strategic switch to H-1B (if cap-exempt or successful in the lottery) before launching any permanent residence process, to avoid conflicts with the H-1B1’s nonimmigrant intent.
In short, H-1B1 works best when used for its intended purpose: time-bound, degree-level professional roles meeting the specialty occupation test, backed by strong LCA hygiene and document discipline. With thoughtful planning on renewals, travel, and any future status strategy, H-1B1 can deliver a smooth, compliant pathway for U.S. hiring needs.
Glossary
| Term | Definition |
|---|---|
| H-1B1 Visa | A U.S. nonimmigrant visa category created under free trade agreements with Chile and Singapore for specialty occupation workers. |
| H-1B Visa | A general U.S. work visa for specialty occupations, open to all nationalities, usually granted in three-year increments with extensions up to six years. |
| Specialty Occupation | A role requiring the theoretical and practical application of specialised knowledge and at least a bachelor’s degree or equivalent in the relevant field. |
| LCA (Labor Condition Application) | Certification by the U.S. Department of Labor confirming wages, working conditions, and worker protection standards for H-1B1 employment. |
| DS-160 | The online application form required for most U.S. nonimmigrant visas, including the H-1B1. |
| I-129 | The petition form filed with USCIS to request or extend H-1B1 status inside the U.S. |
| I-94 | The U.S. arrival/departure record showing class of admission and authorised period of stay. |
| Dual Intent | The concept that some visa holders can pursue permanent residence while maintaining nonimmigrant status. The H-1B1 does not formally permit dual intent, though consular discretion may allow limited tolerance. |
Useful Links
| Resource | Link |
|---|---|
| U.S. Department of State — H-1B1 Specialty Occupations (Chile/Singapore) | travel.state.gov — H-1B1 overview |
| USCIS — H-1B1 Specialty Occupation Workers from Chile and Singapore | uscis.gov — H-1B1 |
| USCIS — Form I-129 (Petition for a Nonimmigrant Worker) | uscis.gov/i-129 |
| U.S. Department of Labor — H-1B1 Program (WHD) | dol.gov — WHD H-1B1 |
| Foreign Labor Application Gateway (FLAG) — LCA (ETA-9035) Portal | flag.dol.gov |
| CBP — Retrieve I-94 Travel Record | i94.cbp.dhs.gov |
| DOS Reciprocity Schedule — Chile (H-1B1 Visa Validity) | travel.state.gov — Chile reciprocity |
| DOS Reciprocity Schedule — Singapore (H-1B1 Visa Validity) | travel.state.gov — Singapore reciprocity |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.