The H‑1B1 Visa Explained

If you're a professional from Chile or Singapore with specialized skills, the H-1B1 visa offers a streamlined path to work temporarily in the United States. This guide explains what it is, who qualifies, and how the application process works.

What is the H-1B1 Visa?

The H-1B1 is a temporary U.S. work visa created specifically for nationals of Chile and Singapore under their respective Free Trade Agreements with the United States. It allows qualified professionals to work in specialty occupations.

This visa operates as a subcategory within the broader H-1B nonimmigrant worker program under the Immigration and Nationality Act (INA). However, unlike the standard H-1B visa, the H-1B1 does not permit dual intent. That means you must maintain the intention to return to your home country after your employment period ends.

The H-1B1 program reserves 6,800 visas annually: 1,400 for Chilean nationals and 5,400 for Singaporean nationals. These numbers remain separate from the main H-1B cap. H-1B1 applicants bypass the lottery process that affects the broader H-1B program.

Who qualifies for H-1B1 status

The position you're offered must qualify as a specialty occupation, which generally requires at least a bachelor’s degree or its equivalent in a specific field. Common qualifying roles include software engineers, civil engineers, financial analysts, medical researchers, architects, and statisticians.

You need a bona fide job offer from a U.S. employer. Your employer plays a central role in the H-1B1 process by filing a Labor Condition Application (LCA) with the DOL. Through this application, the employer attests that your wage and condition standards meet requirements

The application process

Step 1: Labor condition application

Your employer begins by submitting Form ETA‑9035 or ETA‑9035E to the U.S. Department of Labor (DOL). This form certifies wage levels, working conditions, and other labor protections. Processing typically takes seven business days once submitted.

Step 2: Visa Application or change of status

If you're applying from outside the U.S., you apply directly for the H-1B1 visa at a U.S. consulate in Chile or Singapore. No Form I-129 petition to USCIS is required when applying abroad. Applicants must bring standard visa documentation, including a valid passport, certified LCA, job offer details, and proof of education.

If you're already in lawful nonimmigrant status and want to change to H‑1B1, your employer must file Form I‑129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS), including the certified LCA and supporting documentation.

Step 3: Admission and employment

Once approved, you’re typically admitted in H‑1B1 status for up to 18 months initially, with extensions available in one‑year increments thereafter. You can begin working immediately upon entry for your sponsoring employer at the location and wage listed in your certified LCA.

How long you can stay

Your initial H-1B1 status is valid for one year.

You can renew your status indefinitely in one-year increments, provided you maintain qualifying employment and continue to demonstrate temporary intent.

Immigration officers may question whether you still intend to return to Chile or Singapore if you've been in H-1B1 status for many years.

What it costs

Your employer is responsible for all mandatory government fees related to your H-1B1 petition. By law, these costs cannot be passed to you:

• Form I-129 filing fee (if applicable for change of status): $460
• Visa application fee (consular processing): $255
• LCA filing fee: None

Unlike standard H-1B petitions, H-1B1 applications for Singaporean citizens are exempt from additional education and training fees (the H-1B1 visa Singapore exemption fee).

Chilean nationals follow the same fee structure but should confirm current requirements with their employer or consulate.

Depending on your nationality, reciprocity or visa issuance fees may apply when you obtain your visa stamp at a U.S. consulate. These fees vary by country and change periodically, so check the Department of State's reciprocity schedule before your consular appointment.

Employer compliance obligations

Your employer must maintain a Public Access File containing the certified LCA, proof of wage compliance, and documentation of the attestations made to the DOL. They must also post notice of the LCA filing at your worksite.

Dependents: H-4 Visa rules

Your spouse and unmarried children under 21 can accompany you to the United States on H-4 visas. Other family members (parents, siblings, adult children, or married children) are not eligible under this category.

What H-4 dependents can do

Your dependents can live with you in the U.S. and attend school at any level without restrictions. They can also travel internationally, open bank accounts, and obtain driver's licenses.

H-4 dependents of H-1B1 workers cannot obtain employment authorization. They apply at the consulate, with proof of relationship and your visa status.

Changing employers

If you want to switch jobs, your new employer must file a new certified LCA with the DOL and, if you're in the U.S., submit a new Form I-129 to USCIS. Once USCIS accepts the new petition and issues a receipt notice, you can begin working for the new employer.

This portability allows you to pursue better opportunities, negotiate higher salaries, or change career directions without being permanently tied to your original sponsor.

How H-1B1 vs H-1B

Maintaining compliance

Both you and your employer have ongoing responsibilities once your H-1B1 status is approved.

Employers must:

• Pay you at least the prevailing wage listed in the certified LCA
• Maintain the Public Access File with all required labor certification documentation
• Notify USCIS if significant changes occur in your job duties, work location, or salary
• File amendments if your role or location changes materially

You must:

• Work only for your sponsoring employer in the role and location specified in your LCA
• Maintain lawful nonimmigrant status
• Depart the U.S. or change status before your authorized period expires
• Keep copies of your approval notices, visa stamps, and I-94 records

Violations can result in termination of status, bars to future admissions, or employer penalties.

Because H-1B1 status does not allow dual intent, you cannot file for adjustment of status if doing so suggests you never intended to maintain temporary status.

You can transition from H-1B1 to H-1B status if you qualify and your employer sponsors you through the standard H-1B program. The H-1B does permit dual intent, which allows you to pursue permanent residence through employment-based green card categories such as EB-2 or EB-3.

How Lighthouse can help

Managing the H-1B1 process involves coordinating between the Department of Labor, USCIS, and the Department of State. Small errors in wage determinations, LCA filings, or supporting documentation can delay your case or trigger requests for additional information.

Our platform simplifies every step: uploading documents, communicating with your team, drafting letters, and reviewing your final application before submission.

Fill out our eligibility form  to see how Lighthouse accelerates your visa application.

Frequently asked questions

What is the H-1B1 visa?
A treaty-based nonimmigrant visa for Chilean and Singaporean professionals working in specialty occupations in the United States.

How long can I stay on H-1B1 status?
One year at a time, renewable indefinitely as long as you maintain qualifying employment and demonstrate nonimmigrant intent.

Do H-1B1 holders need a petition from USCIS?
Not if you're applying for a visa abroad. Only applicants seeking a change of status while already in the U.S. require Form I-129 approval from USCIS.

Are H-1B1 visa holders subject to the H-1B lottery?
No. The H-1B1 program has a separate annual quota (6,800 total) and operates outside the main H-1B cap lottery system.

Can H-1B1 holders apply for a green card?
Yes, though because the category lacks dual intent, applicants must manage timing carefully. Many transition to H-1B status first or pursue consular processing for permanent residence.

What happens if an H-1B1 employee changes employers?
The new employer must file a new certified LCA with the DOL and obtain USCIS approval (if you're in the U.S.) before you can begin working.

Can my spouse work in the U.S. on an H-4 dependent visa?
No. H-4 dependents of H-1B1 workers cannot obtain employment authorization.

How can Lighthouse help with the H-1B1 process?
Lighthouse guides employers and applicants through eligibility evaluation, LCA preparation, document assembly, and compliant filing to reduce processing delays across the H-1B1 journey.