Non Immigrant Visas

H-1B1 Visa – Specialty Occupation (Chile)

This visa allows U.S. employers to hire professionals from Chile and Singapore for specialty occupations that require specialized knowledge and at least a bachelor’s degree or its equivalent.

What is the H-1B1 Visa?

The H-1B1 visa is a nonimmigrant work visa available to citizens of Chile and Singapore, as part of trade agreements between the United States and these countries. This visa allows U.S. employers to hire professionals from Chile and Singapore for specialty occupations that require specialized knowledge and at least a bachelor’s degree or its equivalent.

Who's Elegible?

To qualify for the TN2 visa and unlock exciting career opportunities in the United States, applicants must meet these key requirements:

Eligibility:

Only citizens of Chile and Singapore are eligible for the H-1B1 visa.

The position must be a specialty occupation, typically requiring a bachelor’s degree or higher in a related field.

Unlike the standard H-1B visa, the H-1B1 visa has its own annual cap: 1,400 visas for Chile and 5,400 for Singapore. These caps are usually not reached, making it easier to obtain compared to the regular H-1B visa.

The H-1B1 visa is initially granted for up to one year, with the possibility of renewal in one-year increments as long as the applicant continues to meet the qualifications.

Employers must file a Labor Condition Application (LCA) with the U.S. Department of Labor. However, they are not required to submit a Form I-129 petition with USCIS for consular processing.

Applicants must demonstrate their intent to return to their home country after completing their work in the U.S., as the H-1B1 visa does not allow for dual intent like the regular H-1B visa.

Citizens of Chile and Singapore can apply directly at a U.S. Embassy or Consulate, without needing pre-approval from USCIS, which simplifies the application process.

We offer personalized guidance to ensure a smooth and efficient experience

Enabling efficient workforce integration and supporting organizational growth.

What's the Process like?

The process of hiring a Chilean citizen under the H-1B1 visa is straightforward and typically faster than other work visas. Here’s a step-by-step overview:

1. Job Offer
The U.S. employer extends a job offer to the Chilean candidate for a qualifying specialty occupation. The position must require specialized knowledge and at least a bachelor’s degree in a relevant field.

The employer files an LCA with the U.S. Department of Labor (DOL) to certify:

  • The role meets prevailing wage standards.
  • The employment conditions will not negatively affect U.S. workers.
  • Once approved, the LCA is valid for use in the visa application.

The applicant must gather the following documents:

  • A valid Chilean passport.
  • A copy of the job offer letter, detailing the role, salary, and qualifications.
  • A certified LCA from the employer.
  • Proof of qualifications (e.g., bachelor’s degree, certifications).

The applicant submits the visa application (Form DS-160) online and pays the application fee.
They then schedule an interview at a U.S. Embassy or Consulate in Chile.

During the interview, the applicant must present all required documents and demonstrate:

  • They meet the qualifications for the position.
  • The job qualifies as a specialty occupation.
  • They intend to return to Chile after completing the work assignment.

If the visa is approved, the applicant will receive their visa and can travel to the U.S. to begin working.

Upon arriving in the U.S., the applicant presents their visa and supporting documents to a Customs and Border Protection (CBP) officer for final admission.

Why hire Chilean Citizens?

Hiring Chilean citizens under the H-1B1 visa offers several benefits for U.S. employers, particularly when filling positions that require specialized skills. Here’s why it’s a strong choice:

Dedicated Visa Cap:
The H-1B1 visa has an annual cap of 1,400 visas exclusively for Chilean citizens. Since this cap is rarely met, it provides a more accessible pathway for employers compared to the regular H-1B visa, which is subject to a lottery system.
Streamlined Process:
The H-1B1 application process is simpler and faster than the standard H-1B. Employers do not need to file a petition with USCIS, reducing both administrative workload and associated costs.
Skilled Workforce:
Chilean professionals offer expertise in fields such as engineering, IT, finance, and healthcare, making them a valuable addition to the U.S. labor market in specialized occupations.
Cost-Effective:
The H-1B1 visa process often comes with lower filing fees and faster processing times, providing cost and time savings for employers.
Temporary Need:
The H-1B1 visa is perfect for employers with short-term or project-based requirements, as it is initially issued for one year and can be renewed indefinitely based on ongoing job needs.
Cultural Compatibility:
Hiring Chilean citizens also helps strengthen collaboration and business relationships between the U.S. and Chile, bolstering ties under the U.S.-Chile Free Trade Agreement.

Hire Chilean Nationals in the US

How Can we Help?

Maria Fitzmaurice PC is a specialized immigration law firm focused on assisting U.S. employers in hiring qualified Chilean professionals under the H-1B1 visa category.

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We’re here to guide you every step of the way.