User:Vipul/H-1B1 visa

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 and became active on January 1, 2004. The visas are also called FTA visas because they were provided for through Free Trade Agreements (FTAs).

H-1B1 is distinct from the E-3 visa for Australian nationals, even though both are variants of the H-1B.

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.<refname=fam>"9 FAM 41.53 Notes (see pp. 30-31)" (PDF). Retrieved April 2, 2015.</ref> 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.

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:

• The worker can apply for a H-1B1 visa at the home country consulate (nationals of Singapore can apply for a H-1B1 visa only at the Singaporean embassy, and nationals of Chile can apply for a H-1B1 visa only at the Chile embassy).
• If already in the United States on another status, the employer can file a Form I-129 (Petition for a Nonimmigrant Worker) on the worker's behalf.

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 thei 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).

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:

• Agricultural managers and physical therapists (for Chilean workers)
• Management consultants and disaster relief claims adjusters (for Chilean or Singaporean workers).

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:

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.

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.

Differences with other similar visas

Differences with H-1B program

Criterion	H-1B	H-1B1
Eligible nationalities	All non-US	Only Singapore and Chile
Relation with caps	Counted against the general annual cap of 65,000 (minus visas reserved for Chile and Singapore) for the fiscal year, with some exceptions (20,000 applications for Masters degrees per fiscal year, and cap exemption for people who have been counted toward the cap already and those working for a nonprofit research institution). Unused H-1B1s for the previous year are added to a given fiscal year's cap.	Separate cap of 1,400 for Chile and 5,400 for Singapore.
Role of Form I-129 (Petition for a Nonimmigration Worker)	All H-1B classifications require the employer to file this form	Only applications for change of status, extension of status, or change of employer (applicable to people already present in the United States) need this Form.
Duration	3 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 (unless an application for a permanent immigration status is pending).	Indefinitely renewable 1-year increments
Definition of specialty occupation	Narrow 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 (Chile only) and management consultants and disaster relief claim adjusters (Both Chile and Singapore).
Non-immigrant intent	The 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.
Portability rule (AC21)	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.