How to Apply for an H-1B1 Visa From Chile or Singapore

An H-1B1 visa application usually never touches USCIS. If you are a citizen of Chile or Singapore applying from abroad, your employer certifies a Labor Condition Application with the Department of Labor, you apply for the visa directly at a U.S. embassy or consulate, and you enter the United States for up to one year. The petition stage that slows down H-1B cases does not exist on this route. Our H-1B1 visa services for Chilean and Singaporean professionals cover both the consular route and the in-country route through Form I-129. This guide walks through the steps in the order they happen.

Before you start: confirm the H-1B1 fits

The H-1B1 requires citizenship of Chile or Singapore, a U.S. employer offering a specialty occupation, a bachelor’s degree or equivalent in a related field, and an intent to depart when your stay ends. If any one of those is uncertain, settle it first. A refused application stays in your record and must be explained in every later one, which makes a refusal far more expensive than a delay. Our article on H-1B1 visa requirements covers each element in detail.

Step 1: The employer certifies the LCA

The employer files Form ETA-9035 in the Department of Labor’s FLAG system and selects the H-1B1 Chile or H-1B1 Singapore classification. That selection matters. An LCA certified under the plain H-1B classification will not support an H-1B1 visa, and the mistake is easy to make because the forms look identical.

On the LCA, the employer attests that it will pay the higher of the prevailing wage or the actual wage paid to similar workers, that the hire will not harm the working conditions of U.S. employees in the same role, and that it has given notice of the filing at the worksite, either by physical posting or electronically. It must also keep a public access file with the LCA and the documentation behind the wage it chose.

LCA review is usually the fastest part of the process. The exception is a first-time filer, whose Federal Employer Identification Number must be verified in FLAG before an LCA can be submitted. Start that verification as soon as the offer is signed.

Step 2: Build the application file

Consular officers decide H-1B1 cases on the papers in front of them and a short conversation. A complete, consistent file does most of the work. Assemble:

• Your Chilean or Singaporean passport, valid well past your intended stay
• The certified LCA, signed by the employer
• An offer letter stating the job title, duties, salary, worksite, start date, and the degree the role requires
• Your degree certificates and transcripts, with a credential evaluation if the program was shorter than four years or the field name does not translate cleanly
• Your resume, and any professional license the role requires or proof that you are eligible for one
• Evidence of your plans after the assignment, if your situation might prompt questions about intent

The offer letter and the LCA must tell the same story. Same title, same salary, same worksite, same start date.

Step 3: The DS-160 and the appointment

Complete the online DS-160 and select the H-1B1 classification for your nationality. Copy the employer’s name, address, and the job details from the LCA rather than from memory. Then pay the visa application fee and book an interview. Check the State Department’s reciprocity information for your nationality as well, because some visa categories carry an additional issuance fee for certain countries.

Most applicants apply at the U.S. Embassy in Santiago or Singapore. Applying in a third country is sometimes possible, but each post sets its own policy on third-country nationals, and you carry the risk of waiting abroad if the case is held for review.

Step 4: The interview

The officer will confirm your citizenship, review the LCA and offer letter, and ask what you will do in the job and why it requires your degree. Expect questions about your plans when the assignment ends. The H-1B1 is subject to the presumption of immigrant intent in INA 214(b), unlike the H-1B, so a clear answer matters. You do not need to promise to leave on a fixed date. You do need to show that your stay is temporary in the sense the law requires.

If the officer needs more information, you will receive a 221(g) notice listing what is missing. Send exactly what is requested. If a green card is already in your plans, read our note on moving from H-1B1 to a green card before the interview, not after.

Step 5: Entry and your first week

At the port of entry, Customs and Border Protection admits you in H-1B1 status for up to one year. Within a few days, download your I-94 record from the CBP website and check three things: the class of admission, your name as it appears on the passport, and the expiration date. The I-94, not the visa stamp, controls how long you may stay. Give a copy to your employer for its records.

Your spouse and children can accompany you in H-4 status. They may study, but an H-4 spouse of an H-1B1 worker cannot work, which is one of the main tradeoffs we discuss in H-1B1 versus H-1B.

Applying from inside the United States

If you are already in the United States in valid status, for example on F-1 OPT, your employer can file Form I-129 with the certified LCA and request a change of status to H-1B1. Premium processing is available. You cannot start the H-1B1 job until USCIS approves the request, and you should not travel while it is pending, since leaving the country abandons a change of status. Approval gives you status, not a visa stamp; on your next trip abroad you will need to apply at a consulate before returning. Our change and extension of status page explains how we decide between the two routes.

Where H-1B1 applications go wrong

The problems we see most are clerical rather than legal: an LCA filed under the H-1B classification instead of H-1B1, a DS-160 whose job title does not match the LCA, an offer letter that describes the move as permanent relocation, or a three-year degree with no credential evaluation. Every one of them is fixable before the interview. After a refusal, they are harder to fix.

If you have an offer from a U.S. employer and want your H-1B1 visa application prepared and checked before your interview, 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 application services page or schedule a consultation.