For many foreign professionals, one of the most stressful parts of the H-1B process is the annual cap. Citizens of Chile and Singapore, however, may have another option: the H-1B1 visa.
If you qualify, an H1B1 visa lawyer can help determine whether H-1B1 may provide an appropriate alternative to pursuing a standard cap-subject H-1B.
The H-1B1 Has Separate Numerical Allocations
The H-1B1 category was established under free trade agreements between the United States and Chile and Singapore.
It is specifically available to qualifying professionals who are citizens of those countries.
Because H-1B1 has its own numerical allocations, qualifying applicants do not go through the standard H-1B cap process in the same manner as an ordinary cap-subject H-1B applicant.
That distinction can be extremely important for an employer trying to hire a Chilean or Singaporean professional.
You Still Have to Qualify
Avoiding the standard H-1B cap process does not mean the visa is automatic.
The position normally must qualify as a specialty occupation, and the applicant must possess the appropriate professional qualifications.
The employer will generally also need a certified Labor Condition Application.
The applicant must then satisfy the applicable visa requirements.
H-1B1 Is Not Simply a Better H-1B
The H-1B1 category also comes with limitations.
Most importantly, H-1B1 does not have the same statutory dual-intent protection available to H-1B workers. The temporary nature of the applicant’s intended stay can therefore become an important part of the case.
H-1B1 status is also generally granted in one-year increments, although additional extensions may be possible for individuals who continue to qualify.
Consider Your Long-Term Immigration Plans
The best visa strategy often depends on where you want to be several years from now, not simply on the fastest way to begin working.
An H1B1 Visa Lawyer can evaluate whether H-1B1 makes sense based on your nationality, profession, employer, immigration history, and longer-term goals.
For many Chilean and Singaporean professionals, the H-1B1 visa is an immigration option that should not be overlooked simply because the H-1B receives more attention.
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