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As a business owner or human resources manager, you may come across the H-1B1 visa in the context of hiring skilled professionals from Chile and Singapore. This visa category enables U.S. employers to recruit foreign workers in specialty occupations that require specialized knowledge and a bachelor's degree or its equivalent.
For example, if your company needs an engineer with expertise in a specific field, the H-1B1 visa allows you to employ a qualified candidate from Chile or Singapore to fill that role.
Who is Eligible for the H-1B1 Visa?
Eligibility criteria for the H-1B1 visa include:
- Nationality: Applicants must be citizens of Chile or Singapore.
- Occupation: The job must qualify as a specialty occupation, typically requiring a bachelor's degree or higher.
- Education: Possession of a relevant bachelor's degree or equivalent experience.
- Job Offer: A legitimate offer of employment from a U.S. employer.
- Labor Condition Application (LCA): An approved LCA filed by the employer with the Department of Labor.
Required Documents for H-1B1 Visa
For Employees
Applicants should prepare the following required documentation:
- Valid Passport: With a validity extending beyond the intended stay.
- Visa Application Form DS-160: Completed online.
- Photograph: Meeting U.S. visa standards (2x2 inches scanned at a resolution of 300 pixels per inch).
- Employment Offer Letter: Detailing job title, duties, salary, and duration.
- Educational Credentials: Diplomas, transcripts, and any relevant certifications.
- Approved LCA: Provided by the employer.
For Employers
Employers must provide:
- Approved LCA: Filed with and approved by the Department of Labor.
- Employment Offer Letter: Specifying terms of employment.
- Company Information: Details about the business, such as registration documents and financial statements.
What Can You Do on an H-1B1 Visa?
H-1B1 visa holders are permitted to:
- Work: In the U.S. for the sponsoring employer in the approved specialty occupation.
- Study: Enroll in courses that do not interfere with employment.
- Travel: Enter and exit the U.S. freely during the visa validity period.
However, H-1B1 visa holders cannot pursue dual intent. This means that they must demonstrate non-immigrant intent and cannot apply for permanent residency while on this visa.
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How to Apply for an H-1B1 Visa
Follow these steps to apply:
- Obtain a Job Offer: Secure employment with a U.S. employer in a specialty occupation.
- Employer Files LCA: The employer submits an LCA to the Department of Labor.
- Gather Required Documents: Collect all necessary documentation.
- Complete DS-160 Form: Fill out the online visa application form.
- Pay Non-refundable Visa Application Fee: The current fee is $205.
- Schedule Visa Interview: Arrange an appointment at the U.S. embassy or consulate in your home country.
- Attend Interview: Present your application and supporting documents.
Processing Time & Fees
- Processing Time: Varies by embassy/consulate; typically a few weeks.
- Application Fee: $205, payable by the applicant.
- Additional Costs: May include costs for document preparation or translation. Petitioners who employ 50 or more individuals in the United States if more than 50 percent of those individuals are in H-1B or L-1 nonimmigrant status are required to pay a fee of $4,500. Other costs may include non-immigrant visa issuance fees which are dependent on reciprocity fees.
H-1B1 Visa Validity & Extensions
- Initial Validity: Up to 18 months.
- Extensions: Can be renewed indefinitely in one-year increments.
- Conditions: Each extension requires a new LCA and demonstration of non-immigrant intent.
Benefits & Limitations of the H-1B1 Visa
Advantages
- No Annual Cap: H-1B1 visas have separate quotas (1,400 nationals of Chile and 5,400 nationals of Singapore), reducing competition.
- Indefinite Renewals: Allows for continuous employment with annual renewals.
- Simplified Process: Often faster processing compared to H-1B visas.
Restrictions
- Non-Immigrant Intent: Must maintain a residence abroad and cannot apply for a green card while on H-1B1 status.
- Limited to Chile and Singapore Nationals: Only citizens of these countries are eligible.
- Job-Specific: Cannot change employers without obtaining a new visa.
H-1B1 Visa vs. Other Work Visas
Employer Responsibilities
Employers sponsoring H-1B1 visa applicants must adhere to specific obligations to ensure compliance with U.S. labor and immigration laws:
1. File an LCA with the Department of Labor (DOL), attesting to:
- Payment of wages equal to or exceeding the prevailing wage for the position and location.
- Maintenance of working conditions that do not adversely affect similarly employed U.S. workers.
- Absence of any strike, lockout, or work stoppage in the occupational classification at the intended place of employment.
- Provision of notice to employees or their representatives about the LCA filing.
2. Maintain a public access file containing:
- A copy of the certified LCA.
- Documentation of the wage rate paid to the H-1B1 employee.
- An explanation of the system used to set the actual wage.
- A summary of benefits offered to U.S. workers in the same occupational classification.
3. No Displacement: Ensure that hiring an H-1B1 worker does not result in the displacement of U.S. workers within the period beginning 90 days before and ending 90 days after the filing of the visa petition.
4. Recruitment: Take good faith steps to recruit U.S. workers for the position and offer compensation at least as great as that offered to the H-1B1 worker.
Failure to comply with these responsibilities can result in penalties, including fines and debarment from participating in immigration programs.
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H-1B1 FAQs
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The H-1B1 visa is a non-immigrant visa category that allows professionals from Chile and Singapore to work in specialty occupations in the United States.
The visa application fee is $190. Additional costs may include document preparation or translation services.
Secure a job offer from a U.S. employer, ensure your employer files an LCA with the Department of Labor, complete the DS-160 form, pay the visa application fee, schedule a visa interview, and attend the interview with all required documents.
The H-1B visa is available to professionals worldwide, allows dual intent (permitting pursuit of permanent residency), and is initially valid for three years, extendable up to six years. In contrast, the H-1B1 visa is exclusive to citizens of Chile and Singapore, requires proof of non-immigrant intent, and is issued in one-year increments, with indefinite renewals possible.
ABOUT THE AUTHOR
Milani Notshe
Milani is a seasoned research and content specialist at Playroll, a leading Employer Of Record (EOR) provider. Backed by a strong background in Politics, Philosophy and Economics, she specializes in identifying emerging compliance and global HR trends to keep employers up to date on the global employment landscape.
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