What is the H-1B1 visa?

The H-1B1 visa is a work authorization specifically designed for citizens of Chile and Singapore, established through free trade agreements. Its application process, cap limits, and extension rules are distinct from those of the standard H-1B. This guide breaks down everything you need to know.

What is the H-1B1 visa?

The H-1B1 visa is a temporary, nonimmigrant work visa exclusively available to citizens of Chile and Singapore. This classification was created under the provisions of free trade agreements the U.S. signed with each country. 

Like the standard H-1B, it’s designed for professionals in jobs requiring specialized knowledge. 

Two forms are critical for the H-1B1 application and maintaining your status:

Labor Condition Application (LCA) — Form ETA-9035

The sponsoring U.S. employer must file the LCA with the Department of Labor. By submitting the LCA, the employer verifies that it will pay the H-1B1 worker at least the prevailing wage (the average wage paid for the occupation in the area of employment) or the actual wage paid to other employees with similar qualifications, whichever is higher.

I-94 Arrival/Departure Record

The I-94 is the electronic record issued by Customers and Border Protection upon entry to the U.S. It’s the official document that validates a foreign nationals’ nonimmigrant status and how long they’re authorized to stay.

H-1B1 visa at a glance

• Established under free trade agreements for citizens of Chile and Singapore.
• Annual caps are set at 1,400 professionals from Chile and 5,400 from Singapore. These numbers are subtracted from the general H-1B cap of 65,000.
• Initial stay is typically one year and can be renewed indefinitely in one-year increments.
• Requires a U.S. job offer in a specialty occupation, typically requiring highly specialized knowledge and a bachelor’s degree or higher in a specific field.

Who qualifies for an H-1B1 visa

To qualify for an H-1B1 visa, you must meet three primary criteria:

1. Nationality: You must be a citizen of Chile or Singapore. The H-1B1 visa category was established under free trade agreements between the U.S. and these countries.
2. Job offer: You must have a job offer from an employer in the U.S.

Speciality occupation: The job must qualify as a specialty occupation, and you must have the required educational or experiential background for that occupation. You also must demonstrate that you don’t intend to stay permanently in the U.S.

What is a specialty position?

As with the overall H-1B visa, speciality occupation is defined as a position that requires: 

• “Theoretical and practical application of a body of highly specialized knowledge.”
• “Attainment of a bachelor’s or higher degree in a directly related specific specialty (or its equivalent).”

It also must meet one of the following criteria:

• A bachelor’s degree or higher in a specific speciality is normally the minimum entry requirement for the occupation in the U.S.
• The degree requirement is common in the industry and for similar positions among similar organizations.
• The employer normally requires a degree or its equivalent for the position.
• The position’s duties are so specialized and complex that the knowledge required is usually associated with a bachelor’s degree or higher.

Specialty occupations include positions in architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

Aside from a U.S. bachelor’s or higher degree, you can also meet the educational requirements with one of the following:

• A foreign degree from an accredited college or university.
• A state license, registration, or certification that permits the full practice of the specialty occupation.
• A combination of education, specialized training, and/or experience equivalent to a U.S. bachelor’s degree.

🧑‍💼 Curious how others in your field made it work?Manifest Law’s experienced attorneys have helped thousands of immigrants secure their future in the U.S. Explore our visa approval notices and success stories to learn how we helped founders, researchers, and artists like you turn their stories into winning petitions.

Comparing H-1B and H-1B1 visas

While both the H-1B visa and the H-1B1 are specialty occupation visas designed for highly skilled foreign workers, they operate under different legal frameworks and have key differences in eligibility, application process, and duration.

(Learn more about H-1B alternatives.)

H-1B vs H-1B1 differences

These are the main differences between H-1B and H-1B1 visas:

	H-1B	H-1B1
Eligible nationalities	Open to all countries	Exclusively available to citizens of Chile and Singapore
Annual cap	65,000 per year, plus 20,000 with a U.S. master’s degree(unless you qualify for a cap-exempt H-1B)	1,400 from Chile and 5,400 from Singapore, drawn from the 65,000 annual H-1B applicant cap
Form I-129 petition required?	Yes	Not generally, unless requesting change or extension of status while in the U.S.
Permanent residency	You can seek permanent residency without jeopardizing nonimmigrant status	You must demonstrate your stay is temporary
Duration	Generally, six years with exceptions for participants in Department of Defense research. Three-year extensions, past the 6-year limit, are available for some Green Card applicants	One year, renewable indefinitely (a new LCA will be needed for after first two extensions)
$100,000 fee	May apply for applications that go through consular processing after Sept. 21, 2025	Does not apply

H-1B vs H-1B1 similarities

Both visa types apply to “specialty occupations,” meaning positions that require specialized knowledge and a bachelor’s degree or higher (or its equivalent). They also both require employers to file an LCA attesting that:

• The worker will be paid at least the prevailing wage or the actual wage paid to similar workers, whichever is higher.
• Their employment won’t adversely affect working conditions for similar workers.

In addition, both H-1B and H-1B1 workers can bring their spouses and children on an H-4 dependent visa.

Advantages of the H-1B1 visa

The advantages of the H-1B1 visa include its streamlined application process and separate quota.

Streamlined application

The H-1B1 skips some of the steps of the standard H-1B visa.

• For initial applications, H-1B1 beneficiaries don’t need to get preliminary approval, via Form I-129, from U.S. Citizenship and Immigration Services (USCIS).
• Because the H-1B1 quota of 6,800 visas is rarely met (only about 3,000 H-1B1 visas were issued in 2024), you can typically apply year-round without being subject to the H-1B lottery system.
• A new policy requiring a $100,000 fee for new H-1B petitions doesn’t apply to H-1B1 visas.

Indefinite renewability

Although the H-1B1 is considered indefinitely renewable under immigration rules, each extension can only be granted in one-year increments. After your initial one-year period and two one-year extensions, you’ll need to file a new Labor Condition Application (LCA) before requesting any additional time.

Family

The H-1B1 lets you bring immediate family members—your spouse and children—to the U.S. on H-4 dependent visas. H-4 spouses and children can study in the U.S. without restrictions. 

Work authorization is more limited. H-4 dependents of H-1B1 holders are not automatically eligible for employment authorization (H-4 EAD). In most cases, spouses cannot work unless they independently qualify for their own work-authorized status (for example, an H-1B, O-1, L-1, or another visa category).

Can H-1B1 lead to a Green Card?

The short answer is likely yes, the H-1B1 visa can lead to a Green Card, but the transition can be complex since this visa is explicitly designed for a temporary stay. When applying for the H-1B1, you must prove that you intend to return home eventually, so taking steps toward permanent residency may jeopardize your status, especially if your H-1B1 will soon be up for renewal. 

Because of these complications, it’s best to speak with an experienced immigration attorney before taking steps towards a Green Card. They can help you develop a strategy that allows you to maintain your status and pursue your long-term goals.

H-1B1 visa requirements and eligibility

To successfully apply for an H-1B1 visa, you must be a citizen of Chile and Singapore and have documentation proving your qualifications:

• Offer letter: Applicants should have a job offer from a U.S. employer.
• Evidence of education: You must prove you meet the minimum education requirements for a specialty occupation, typically a bachelor’s degree or its equivalent.
• Certified labor condition application: A copy of the approved Form ETA-9035, certified by the Department of Labor.
• Personal documents: A valid passport, Form DS-160, and evidence of nonimmigrant intent.
• Form I-129 (if in the U.S.): If you’re already in the U.S. on another visa status, you need to be the beneficiary of a Form I-129 in order to change your status to H-1B1.

What is the sponsor’s role in the H-1B1 process?

A U.S. employer plays a critical role in securing an H-1B1 visa by:

1. Petitioning and certifying the LCA: The employer must submit and obtain a certified LCA, Form ETA-9035, from the Department of Labor.
2. Paying fees: Employers are obligated to cover the USCIS petition filing fee ($1,500 or $750 depending on the size of the employer) and the $500 fraud prevention and detection fee.

• Keeping records: The employer must provide a copy of the LCA to each H-1B1 worker and make it available for public examination.

Application process for an H-1B1 visa

Unlike the standard H-1B, employers petitioning for an H-1B1 visa don’t have to file a Form I-129 (Petition for a Nonimmigrant Worker). But they still have to secure a certified LCA. After that, the Chilean or Singaporean applicant must: 

1. Complete and submit the online nonimmigrant visa application (Form DS-160). 
2. Pay the nonimmigrant visa application fees and schedule an interview with a consular officer.
3. Attend the interview, presenting all the required documents. If approved, you’ll be in line for a visa.

How to prepare for your H-1B1 interview

The H-1B1 interview’s purpose is to verify your eligibility and confirm your intention to comply with the visas’ temporary nature. You’ll need to gather and organize originals or photocopies of a valid passport, your DS-160 confirmation page, visa fee payment receipt, a passport-style photograph, and your certified LCA.

During the visa interview, the consular officer will determine whether you’re eligible for the H-1B1 visa, so you should be familiar with its requirements, including details about your employer, your job, and your qualifications, as well as your plans for after the H-1B1 period ends.

How to extend your H-1B1 visa

H-1B1s last for an initial one-year period. You can extend them twice, but only in one-year increments. After the first two extensions, you can continue to extend your H-1B1 visa provided that a new LCA is filed as required.

The process for obtaining an H-1B1 extension depends on whether you’re inside or outside the U.S. when your stay is set to expire.

Extending within the U.S.

To extend your status while remaining in the U.S., your employer must file an extension of stay petition with USCIS using Form I-129 (Petition for a Nonimmigrant Worker). The employer must include evidence, such as a letter describing the nature of the applicant’s employment. If you’ve already extended your H-1B1 twice, you will need a new LCA as well. 

As for the employee, you must maintain lawful status and provide your employer with copies of your passport, Form I-94, recent pay stubs, and W-2. If you have H-4 dependents with you, they must file Form I-539 with documentation proving your relationship, as well as a copy of the I-129 filed on your behalf, a copy of your Form I-94, or a copy of your I-797 approval notice.

Extending outside the U.S.

If you’re outside the U.S. or need a new H-1B1 visa stamp to re-enter the country, you must apply for a new visa at a U.S. embassy or consulate. Your employer must still file Form I-129.

After USCIS approves Form I-129, you can apply for a visa using Form DS-160. Afterward, you’ll pay the non-refundable visa application fee of $205 and schedule an interview at the U.S. Embassy in your country of residence. During the interview, a consular officer will review your eligibility. If you receive a visa, you’ll be able to enter the U.S.

Let us help you on your H-1B1 journey

You’ve done the research. Now it’s time for real answers, not guesswork.

At Manifest, our attorneys work with skilled individuals like you to build strong, strategic immigration petitions—without hourly fees, confusion, or delay. Request a consultation with Manifest Law’s experienced immigration lawyers now.

Frequently asked questions

How long does it take to get H-1B1 approval?

It can vary because there are so many moving parts. The prevailing wage determination can take several months. Then, once your employer files an LCA, it can take up to seven working days for the Department of Labor to review. It can also take time to secure an interview appointment at an embassy; the next available appointment in Santiago is two months out as of this writing.

What is the PERM 1-year rule?

The PERM 1-year rule allows an H-1B worker to extend their status beyond the normal six-year limit if their labor certification application or employment-based immigration petition has been pending for at least 365 days. It doesn’t apply to H-1B1 visas because they are explicitly designed for temporary stays.

Can I change employers with a H-1B1 visa?

Changing employers requires a new H-1B1 petition to be filed by the prospective new employer. If you lose your job, you can stay in the U.S., but you’ll have a grace period of 60 days before you need to depart if a new employer hasn’t filed Form I-129 on your behalf. During that time, you can apply for a change of nonimmigrant status, an adjustment of status for a Green Card, a “compelling circumstances” employment authorization document.

Can I travel with an H-1B1 visa?

International travel with H-1B1 and H-1B status is allowed. To re-enter, you’ll need to carry a valid passport with an H-1B1 visa stamp and your most recent I-797 approval notice. It can also help to carry supporting documents like recent pay stubs.

Learn more about traveling on an H-1B or H-1B1 visa.

Can I use premium processing for an H-1B1 petition?

Premium processing is not available for H-1B1 petitions.

How many times can I renew H-1B1 status?

H-1B1 status can be renewed indefinitely in one-year increments, as long as you continue to qualify and demonstrate that you don’t have an intent to immigrate permanently. But after the second renewal, your employer will need to file a new LCA to support continued extensions.