Frequently Asked Questions

The H-1B1 Visa is a temporary work Visa, similar to the H-1B, for people in «specialized occupations». This new category was created by the Free Trade Agreement between the United States and Chile.

It is defined as an occupation that requires the application of theoretical and practical knowledge of a specialized body. It is obtained through the achievement of a bachelor's degree or its equivalent in professional experience.

Yes. The H1B1 category has numerical limits that are lower than the limit of 65.000 H1B. 1.400 visa numbers H1B1 are available for Chilean citizens.

The H1B1 Visa is only available to Chilean and Singaporean citizens because it is based on the Free Trade Agreement between the United States and those countries.

To be eligible for the H1B1 Visa, the applicant must meet the following requirements:

• Must be a citizen or national of Chile.
• The position in the United States must be a «specialized occupation».
• Must have a postsecondary degree that implies at least four years of study in their field of specialization (although there are some exceptions to this requirement).
• Cannot be an independent contractor or self-employed worker.
• The period of employment in the United States must be temporary, demonstrating the intention of not immigrating.

The H1B1 Visa has benefits such as:

• Multiple entries: The H1B1 is a multiple entry Visa.
• No previous request with the USCIS is required: One advantage of the H1B1 Visa is that the beneficiaries H1B1 do not need to obtain first approval of the H1B1 Petition of the United States Citizenship and Immigration Services (USCIS).
• Easy and fast to obtain: In addition, the process to request the H1B1 Visa is simpler and can be obtained in a week or less after the interview with the United States Consulate.

The H1B1 Visa has limitations such as:

• Validity: One of the main disadvantages of the H1B1 Visa is that they are only valid in increments of one year.
• Double intent doctrine: The H1B1 Visa does not provide certain protections that are available to H1B and L1 visa holders.
• Cannot seek permanent residence: H1B1 beneficiaries cannot seek permanent residence in the United States while in H1B1 status.
• Cannot work as an independent contractor or self-employed worker.

The procedure to request a H1B1 Visa is as follows:

• Once an employer decides to sponsor you for a H1B1 Visa, it must obtain a prevailing wage determination.
• The employer must present a Labor Condition Application (LCA) to the United States Department of Labor.
• Once the LCA has been approved and returned by the Department of Labor, the employer can send the supporting documentation and can request your Visa at the United States Consulate.

Yes. However, the H1B1 Visa is specific to the employer; therefore, you cannot change employers until you have a new job offer from your new employer.

No, dependents of H1B1 Visa holders cannot accept employment in the United States. However, this does not prevent them from applying for their own H1B1 Visa from H4 status.

The H1B1 Visas are valid for 18 months at the time of issuance, however renewals are for periods of 12 months.

Yes. The H1B1 Visa status can be extended/renewed annually indefinitely, however after 6 or more years, the consulate could question the double intent.