What Are the H-1B1 Visa Requirements for Chile and Singapore?

The H-1B1 visa requirements are narrower than the H-1B’s in one respect and looser in another. Narrower, because only citizens of Chile and Singapore can use the category, which Congress created under the free trade agreements with those two countries. Looser, because the annual numbers set aside for it (1,400 for Chile and 5,400 for Singapore) have not run out, so there is no lottery and no fixed filing season. Our H-1B1 visa practice sees this category used most by engineers, finance professionals, and researchers whose employers would otherwise be stuck in the March H-1B registration. Here is what the H-1B1 asks of the worker and the employer.

The H-1B1 visa requirements in plain terms

Citizenship of Chile or Singapore

You must be a citizen of one of the two countries and apply on that passport. Residence is irrelevant: a Singapore citizen living in London qualifies; a Malaysian permanent resident of Singapore does not. Dual citizens may use the Chilean or Singaporean passport even if they usually travel on another one.

A specialty occupation

The job must be one that normally requires at least a bachelor’s degree, or the equivalent, in a specific specialty. This is the same test USCIS and consular officers apply to the H-1B. The employer’s job description should list duties that require degree-level knowledge in a named field, and the employer should be able to show that it normally hires degree holders for the role. Under the trade agreements, a short list of occupations, including management consultants and disaster relief claims adjusters, may qualify on alternative credentials such as a post-secondary certificate plus experience; for everyone else, the degree rule applies.

A degree or its equivalent

You need a bachelor’s degree or higher in a field related to the job, or an equivalent built from education and progressive experience. Degrees from Chilean and Singaporean universities are generally recognized, but a credential evaluation is wise when the program was shorter than four years or the title does not translate cleanly into a U.S. field of study.

A certified Labor Condition Application

The employer must file Form ETA-9035 with the Department of Labor and select the H-1B1 Chile or H-1B1 Singapore classification. The LCA fixes the wage at no less than the prevailing wage for the occupation and location, and commits the employer to the same working-condition and notice attestations that apply to H-1B employers. Our note on prevailing wage determinations explains how that wage is set.

Nonimmigrant intent

Unlike the H-1B, the H-1B1 is not a dual intent category. You must show that you intend to depart the United States when your period of stay ends. That is a modest showing for most applicants, but it shapes the strategy for anyone who later wants permanent residence.

An employer, not your own company

The H-1B1 requires a U.S. employer with the authority to hire, pay, supervise, and fire you. Self-employment through your own entity does not satisfy the requirement.

What the employer must do

The employer’s list is short compared with an H-1B sponsorship. It needs a Federal Employer Identification Number verified in DOL’s FLAG system, a certified LCA, a written offer letter that matches the LCA, and a willingness to pay the attested wage from day one. It does not need to file Form I-129 with USCIS unless you are already in the United States and want to change status without leaving, or unless you later extend inside the country. For many employers, that makes the H-1B1 one of the less expensive work categories to sponsor.

Nonimmigrant intent: the requirement that surprises people

Consular officers apply INA 214(b) to H-1B1 applicants, which means the burden is on you to overcome the presumption that you intend to immigrate. Ties to Chile or Singapore help, but the more useful evidence is a coherent story: a defined assignment, a U.S. role that makes sense as a career step, and plans that do not depend on staying forever. A pending immigrant petition is not an automatic refusal, but it has to be explained. If permanent residence is the real goal, read our discussion of moving from H-1B1 to a green card before the first application, because the sequence matters.

The cap and why it rarely matters

Of the 65,000 regular H-1B numbers each fiscal year, 6,800 are set aside for the H-1B1 (1,400 for Chile and 5,400 for Singapore). Whatever is unused is returned to the general H-1B pool the following year. Because the set-aside has not been exhausted, an H-1B1 application can be made in any month, the worker can start as soon as the visa is issued, and no registration is involved.

How long H-1B1 status lasts

Admission is granted for one year at a time and can be renewed in one-year increments. There is no six-year ceiling of the kind that applies to the H-1B, but each renewal is a fresh look at the job, the LCA, and your intent to depart. Our article on H-1B1 extensions and renewals covers how that cycle works in practice.

How the H-1B1 sits beside other treaty-based categories

The H-1B1 is one of three nationality-based specialty occupation routes. Australians use the E-3, and Canadians and Mexicans use the TN under the USMCA. Each has the same specialty occupation core and the same nonimmigrant intent rule, with different durations and dependent rules. If you hold more than one citizenship, our TN visa and E-3 visa pages may show a better fit than the H-1B1.

If you are a Chilean or Singaporean professional with a U.S. offer and want the H-1B1 visa requirements checked against your degree, your role, and your longer-term plans, a consultation with Capitol Law Partners can map the right path for your situation. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.

Need help with this topic? See our H-1B1 visa for Chile and Singapore professionals page or schedule a consultation.