H-1B1 US Visa 2025 Guide

The H-1B1 visa is a nonimmigrant work category created under the United States’ free trade agreements (FTAs) with Chile and Singapore. It provides a route for professionals from these two countries to work in the US in specialty occupations. While similar in many ways to the standard H-1B visa, the H-1B1 has its own procedures, conditions, and limitations that employers and applicants must understand.

What this article is about: This guide explains the H-1B1 visa in detail for both US employers and applicants. It covers the background of the category, eligibility rules, the application process, employer compliance obligations, and how it differs from other work visa options. By the end, readers will have a structured overview of how the H-1B1 functions, its advantages, and its restrictions.

Section A: Overview of the H-1B1 Visa

The H-1B1 visa was introduced through bilateral trade agreements signed with Chile and Singapore in 2003. These treaties created a separate visa category to encourage the mobility of skilled professionals. Unlike the general H-1B, which is open to nationals of all countries, the H-1B1 is treaty-based and restricted to citizens of these two nations.

A key feature is the annual allocation. Each fiscal year, 6,800 places are reserved for H-1B1 applicants—1,400 for Chile and 5,400 for Singapore. These are not subject to the H-1B lottery. If the allocation is underused, any remaining numbers are carried back into the following year’s general H-1B cap. In practice, demand is often lower than the available quota, meaning numbers remain accessible year-round.

The H-1B1 applies to specialty occupations, requiring the use of highly specialised knowledge and at least a bachelor’s degree or equivalent in a directly related field. Typical professions include engineering, science, healthcare, business analysis, and management.

In terms of duration, the H-1B1 is issued more conservatively than the H-1B. Admission to the US is generally granted for one year at a time, while consular visas may be valid for up to 18 months depending on reciprocity schedules. Renewals are permitted indefinitely, provided the applicant continues to meet the requirements. This structure makes careful planning important for employers and workers alike.

Another major distinction is intent. The H-1B permits “dual intent”, allowing applicants to pursue permanent residence while in temporary status. By contrast, the H-1B1 requires applicants to demonstrate that they intend to leave the US after their employment ends. While in practice consular officers may exercise some discretion if an applicant later pursues a green card, the category is formally a temporary, nonimmigrant visa.

Section Summary: The H-1B1 visa is a treaty-based route available only to citizens of Chile and Singapore. It offers a dedicated annual allocation, applies to specialty occupations, and is granted for one-year or up to 18-month increments. Although renewable without a fixed maximum stay, it differs from the H-1B in requiring strict proof of temporary intent.

Section B: Eligibility Criteria

To qualify for the H-1B1 visa, both the applicant and the sponsoring US employer must satisfy specific requirements. These criteria ensure that the visa is used only for genuine specialty occupation roles and in line with the free trade agreements with Chile and Singapore.

1. Nationality

Only citizens of Chile or Singapore may apply for the H-1B1 visa. Permanent residents of these countries who are not citizens are excluded. Applicants must present a valid Chilean or Singaporean passport to confirm nationality.

2. Specialty Occupation Requirement

The position must qualify as a specialty occupation, meaning it requires:

• The application of highly specialised theoretical and practical knowledge
• At least a bachelor’s degree, or its equivalent, in a directly related field

Fields commonly qualifying include engineering, computer science, mathematics, physical sciences, healthcare professions, business specialties such as management and finance, and certain social sciences. The US Department of Labor (DOL) evaluates positions against industry standards and job duties to determine whether they meet this requirement.

3. Educational Qualifications

Applicants must hold the necessary educational background for the role. At minimum, this is a US bachelor’s degree or a foreign equivalent in a directly related field. In some cases, a combination of education and work experience can be used to establish equivalency, often through a credential evaluation service. For regulated fields such as medicine, law, or accountancy, the applicant must also secure any required state licensure before starting employment.

4. Employer Requirements

The sponsoring employer must demonstrate that the job offer is genuine and meets specialty occupation standards. A key step is securing a certified Labor Condition Application (LCA) from the Department of Labor. The LCA confirms that the employer will:

• Pay the prevailing wage for the position
• Maintain working conditions that do not adversely affect US workers
• Comply with recordkeeping and public access file rules

The LCA must be approved before the visa application or change of status request can proceed.

5. Nonimmigrant Intent

Unlike the H-1B, the H-1B1 requires applicants to show that they have no present intention of abandoning residence outside the US. Evidence may include family ties, property ownership, or ongoing employment in the home country. While H-1B1 holders are not barred from pursuing permanent residence in the future, timing is critical to avoid undermining the requirement of temporary intent.

Section Summary: Eligibility for the H-1B1 visa depends on citizenship of Chile or Singapore, an offer of genuine specialty occupation employment, appropriate educational qualifications, and an approved LCA from the Department of Labor. Applicants must also demonstrate clear nonimmigrant intent, making this category more restrictive than the dual-intent H-1B.

Section C: Application Process

The H-1B1 application process requires steps from both the US employer and the applicant. A notable distinction from the standard H-1B is that applicants may apply directly at a US consulate abroad without prior USCIS petition approval. However, if the individual is already in the US in another lawful status, a change of status or extension request can be filed with USCIS using Form I-129.

1. Employer Requirements

Before a candidate can apply, the employer must secure a certified Labor Condition Application (LCA) from the US Department of Labor. The LCA must be marked for “H-1B1 Chile” or “H-1B1 Singapore,” specify the worksite location(s), and confirm compliance with prevailing wage standards. Employers must also post notice of the filing, prepare and maintain a public access file, and comply with all attestations throughout employment.

Employers should also issue a detailed offer letter setting out the job title, duties, worksite(s), salary, and start date in line with the LCA. Supporting evidence demonstrating that the role qualifies as a specialty occupation—such as duty breakdowns and industry standards—should also be gathered for the consular interview or USCIS filing.

2. Employee Application Steps

Consular route (outside the US). Once the LCA is certified, the applicant must complete Form DS-160, pay the MRV fee, and schedule a consular appointment. The interview may be at the embassy in Chile or Singapore, or at another consulate that accepts nonresident applicants. Applicants must bring the certified LCA, offer letter, credentials, and proof of nationality. If approved, the visa may be issued for up to 18 months subject to reciprocity. On arrival, CBP generally admits the applicant for one year as shown on the I-94 record.

USCIS route (inside the US). If the applicant is already in lawful status, the employer can file Form I-129 with USCIS requesting H-1B1 classification. This requires the certified LCA and supporting documentation. If approved, the individual may work in H-1B1 status for the approval period. If the worker later travels abroad, they must still secure a visa stamp at a consulate to reenter.

Administrative processing. Some cases may be delayed under INA 221(g) administrative processing, extending timelines by weeks or more. Employers and applicants should factor this into hiring schedules where start dates are time-sensitive.

3. Documentation Needed

Applicants should prepare a complete application package. Typical documents include:

• Valid Chilean or Singaporean passport
• Certified ETA-9035 LCA for H-1B1 (Chile/Singapore)
• Detailed job offer letter covering duties, worksite(s), salary, and start date
• Evidence the role is a specialty occupation (e.g., duty descriptions, industry standards)
• Educational qualifications (degree certificates, transcripts, credential evaluations)
• Professional licenses or state registrations if required for the occupation
• Evidence of nonimmigrant intent (e.g., family or property ties abroad)
• Prior US immigration records (I-94, prior approvals) if filing through USCIS

4. Fees and Processing Times

Fees. For consular applications, the applicant pays the MRV fee and any applicable reciprocity fee. No separate USCIS petition fee applies for direct consular filings. For USCIS change of status or extension filings, the employer pays Form I-129 fees. Premium processing availability for H-1B1 petitions should be confirmed at the time of filing, as USCIS policy may change.

Timelines. Consular cases vary depending on appointment availability and security checks, often finalised within weeks but subject to delay. USCIS processing times depend on the service center and whether premium processing is accepted. Employers and applicants should confirm I-94 class and end dates upon entry or approval to avoid status gaps.

Section Summary: The H-1B1 process begins with an approved LCA from the Department of Labor, followed by either a consular application abroad or a USCIS filing inside the US. A complete document set, awareness of possible administrative processing, and careful coordination of job offer terms with the LCA are all essential for smooth processing.

Section D: Duration, Extensions, and Compliance

The H-1B1 visa is intended for short-term but renewable employment in the United States. Unlike the H-1B, which is typically granted in multi-year increments, the H-1B1 is issued in shorter periods. Despite this, it allows indefinite renewals provided that both the applicant and employer continue to meet the underlying requirements.

1. Initial Grant and Renewals

When admitted to the US, H-1B1 status is generally granted for one year. If issued at a consulate abroad, visa validity may be up to 18 months depending on the reciprocity schedule between the US and the applicant’s home country. At the end of each period, renewals are possible without a statutory maximum number of years, but each renewal must be supported by a valid job offer and a certified LCA. Renewals may be pursued either through a new consular application or through USCIS by filing Form I-129 if the worker remains in the US in valid status.

The short duration requires careful planning to prevent gaps in employment authorization. Employers and employees should anticipate renewal timelines and coordinate filings in advance, as the annual process can be more administratively demanding than the H-1B’s three-year increments.

2. Employer Compliance

Employers hiring under the H-1B1 program must comply with Department of Labor requirements. These include:

• Paying at least the prevailing wage listed on the certified LCA
• Maintaining accurate records of wages, working conditions, and worksite locations
• Ensuring that hiring the foreign worker does not negatively affect US workers
• Keeping a public access file available for inspection containing the certified LCA and related documents

Noncompliance can result in penalties such as fines, debarment from visa programs, and other sanctions. Employers are also expected to withdraw the LCA if employment ends early. Unlike H-1B employers, however, H-1B1 sponsors are not specifically required by law to pay for the worker’s return transportation, although contractual obligations may still apply.

3. Switching to Other Visa Categories

Although the H-1B1 requires proof of nonimmigrant intent, some holders later seek longer-term options. One common pathway is moving into the regular H-1B visa category, which recognises dual intent and allows up to six years of stay. However, applicants must qualify under the annual H-1B cap unless exempt. Another option is to pursue permanent residence through employment-based green card sponsorship, but careful legal planning is necessary to avoid conflicts with the H-1B1’s strict temporary intent requirement.

Section Summary: H-1B1 status is issued in one-year increments (or up to 18 months via consular issuance) but can be renewed indefinitely if eligibility is maintained. Employers must comply with wage, recordkeeping, and worker protection obligations, while applicants must maintain lawful status. Transitions to other visa categories are possible but require careful handling due to the nonimmigrant intent standard.

FAQs

How is the H-1B1 different from the H-1B visa?

The H-1B1 is available only to citizens of Chile and Singapore under free trade agreements. It has a dedicated annual allocation, requires proof of nonimmigrant intent, and is typically granted in one-year increments (or up to 18 months at consular issuance). By contrast, the H-1B is open to all nationalities, has a much larger cap, permits dual intent, and is normally issued for an initial three-year stay with extensions up to six years.

Can dependants accompany an H-1B1 visa holder?

Yes. Spouses and unmarried children under 21 may apply for H-4 dependent visas. Dependants are admitted for the same duration as the H-1B1 holder. However, unlike certain H-4 spouses of H-1B holders who may qualify for employment authorization, H-4 spouses of H-1B1 holders are not eligible to work in the US.

Is there a dual intent option with the H-1B1 visa?

No. The H-1B1 requires applicants to demonstrate nonimmigrant intent, meaning they must intend to leave the US after their employment ends. While a pending green card application does not automatically result in refusal, it may complicate renewals or consular processing. The H-1B, by contrast, formally recognises dual intent and allows easier pursuit of permanent residence.

What happens if the H-1B1 holder changes or loses their job?

If employment ends, the individual generally loses their status. A new employer must secure a certified LCA and either file a new H-1B1 petition with USCIS or support a fresh consular application. Because H-1B1 status is tied to the specific employer and job, any material change requires new authorisation.

How many H-1B1 visas are issued each year?

A total of 6,800 visas are allocated annually—1,400 to Chile and 5,400 to Singapore. Historically, demand has been lower than the available numbers, meaning quota places often remain available throughout the year. Any unused allocation is rolled into the following year’s H-1B pool.

What professions are most common for H-1B1 visas?

The H-1B1 is most frequently used in professions requiring bachelor’s-level education. These include engineering, computer science, information technology, business analysis, finance, healthcare, and academia. The job must meet the specialty occupation definition and be supported by evidence of qualification.

Section Summary: The FAQs highlight the H-1B1’s treaty-based nature, its requirement of temporary intent, and its renewable one-year structure. Employers and applicants should understand how it differs from the H-1B, particularly with respect to dependants and the absence of dual intent.

Conclusion

The H-1B1 visa provides a targeted pathway for US employers to hire qualified professionals from Chile and Singapore under treaty provisions. For employers, it can be a practical and cost-effective solution to fill specialty occupation roles without navigating the H-1B lottery. For applicants, it offers lawful access to the US labour market, although it comes with shorter admission periods and stricter requirements to prove nonimmigrant intent.

While the category allows indefinite renewals, the one-year cycle requires careful planning around compliance, extensions, and travel. Employers must adhere strictly to Department of Labor obligations on wages and recordkeeping, and applicants must maintain valid status at all times. The absence of dual intent also means strategic consideration is needed if long-term residence or permanent immigration is a future goal.

In practice, the H-1B1 remains underutilised compared to the H-1B, with annual allocations often available throughout the year. This availability, combined with direct consular filing options and the possibility of in-country extensions, makes the H-1B1 a useful route where the facts align. With strong compliance processes and forward planning, it can deliver an effective, treaty-based solution for meeting US workforce needs.

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