The H-1B1 visa (and associated H-1B1 status) 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 signed into law by George W. Bush, the President of the United States at the time) and became active on January 1, 2004. The visas are also called FTA visas because they were provided for through Free Trade Agreements (FTAs).
Contents
- Relation with the H 1B program
- Two ways of obtaining H 1B1 classification
- Labor Condition Application
- Definition of specialty occupation
- Employer employee relationship
- Non immigrant intent
- Renewable one year admission
- Visa for spouses
- Usage of the program
- References
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 (NAFTA).
Relation with the H-1B program
Of the 65,000 visas allocated to the capped H-1B visa program, a total 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.
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.
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 (LCA) 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 (i.e., they must all be in a single one of the categories: H-1B, H-1B1-Singapore, H-1B1-Chile, E-3).
An approved LCA is a prerequisite for applying for H-1B1 classification (whether in the form of a H-1B1 visa or in the form of Form I-129 for change of status).
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:
Employer-employee relationship
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:
- has a residence abroad,
- has no immediate intention of abandoning that residence, and
- 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.
Renewable one-year admission
Admission on a H-1B1 visa is for one year, 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.
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 (even if they'd have chosen the latter had the option been present originally). However, even as late as Fiscal Years 2011-2013 (by which time most H-1B visa approvals would correspond to classifications made after the introduction of the H-1B1):