The H-1B1 visa offers qualifying citizens of Chile and Singapore a way to work temporarily in professional positions in the United States. But having a job offer alone does not necessarily mean that an applicant qualifies.
Understanding the requirements before applying can help prevent unnecessary complications. An H1B1 visa lawyer can evaluate both the applicant and the offered position to determine whether they meet the requirements of the visa category.
Who Can Apply for an H-1B1 Visa?
The H-1B1 category is limited to qualifying citizens of Chile and Singapore.
In most cases, the applicant must be coming to the United States to perform services in a specialty occupation. This generally means a position requiring specialized knowledge and a bachelor’s degree or equivalent credentials in an appropriate field.
Certain exceptions or special provisions may apply to a limited number of professions under the applicable free trade agreements.
The Job Must Qualify
An important part of any H-1B1 application is establishing that the U.S. position actually qualifies as a specialty occupation.
Simply giving an employee a professional-sounding title may not be enough.
Immigration officials may consider factors including:
- The actual duties of the position
- The educational requirements for the job
- The relationship between the degree and the work
- The nature of the employer’s business
- The applicant’s qualifications
The position and the employee’s educational background should fit together logically.
A Labor Condition Application Is Required
The employer generally must obtain a certified Labor Condition Application, commonly known as an LCA, from the U.S. Department of Labor.
The LCA contains important attestations concerning wages and working conditions.
Temporary Intent Matters
Another major consideration is immigration intent.
Unlike the regular H-1B classification, H-1B1 does not provide the same statutory protection for dual intent. An applicant therefore may need to demonstrate that the proposed employment is temporary and that they do not intend to remain permanently in the United States based on the H-1B1 admission.
How an H1B1 Visa Lawyer Can Help
A successful application involves more than completing forms.
An H1B1 Visa Lawyer can analyze the applicant’s degree, employment history, job duties, employer documentation, and immigration history before determining how the case should be presented.
Careful preparation can be particularly important when the applicant’s degree does not perfectly match the job title or when the position involves duties that could be interpreted in several ways.
For qualifying Chilean and Singaporean professionals, the H-1B1 remains a valuable employment visa option worth considering.
