What H-1B1 is
H-1B1 is a temporary work visa for nationals of Chile and Singapore coming to work in a specialty occupation. It comes from the U.S. free trade agreements (FTAs) with Chile and Singapore, which took effect on January 1, 2004, and it is a stand-alone classification, separate from the regular H-1B.[1,6,7]
If you apply for the visa at a U.S. embassy or consulate abroad, your employer is not required to file a petition with USCIS. Instead, the employer files a labor condition application (LCA) with the U.S. Department of Labor (DOL), and once it is certified you present your evidence directly to the consular officer with your visa application.[1,3]
Who qualifies
- You are a national of Chile or Singapore, and the job is a specialty occupation: it requires theoretical and practical application of a body of specialized knowledge, and at least a bachelor's degree in the specific specialty (or its equivalent) as the minimum for entry into the occupation in the U.S.[3,6]
- You meet the academic and occupational requirements for the position. Both agreements accept alternative credentials in two occupations: a Disaster Relief Claims Adjuster needs a baccalaureate, Licenciatura or Título Profesional degree plus training in insurance adjustment for disaster relief claims, or three years' claims-adjustment experience plus that training; a Management Consultant needs one of those degrees, in any discipline, plus three years of experience related to the consulting agreement if the degree is in an unrelated field. For Chilean nationals only, Agricultural Managers and Physical Therapists can also qualify with a post-secondary certificate requiring three years of study in the specialty plus three years' experience instead of the standard degree.[1]
- Your stay is temporary. Unlike H-1B, H-1B1 has no "dual intent" (the H-1B rule under which seeking a green card does not stop you from getting or keeping H-1B status). The presumption of immigrant intent in section 214(b) of the Immigration and Nationality Act (INA) applies, and the circumstances should clearly and convincingly show that your U.S. work assignment will end predictably and that you will leave when it ends.[1,3]
How many H-1B1 visas there are each year
The law caps approvals of initial H-1B1 applications at 1,400 for nationals of Chile and 5,400 for nationals of Singapore per fiscal year. The limits count only principal workers, not spouses or children. These numbers are set aside from the regular H-1B cap of 65,000, and numbers left unused are made available to H-1B applicants.[1,3,9]
Applying at a U.S. consulate
- Your employer files an LCA (Form ETA-9035) with DOL for your position. In it, the employer attests that for the entire period of authorized employment it will pay the higher of the actual wage (what it pays others with similar experience and qualifications for the same job) or the prevailing wage. Once DOL certifies it, the employer sends you a copy of the signed, certified LCA with a written job offer.[1,10]
- Apply for the visa at a U.S. embassy or consulate. The State Department's manual lists what you submit: the certified LCA, which your employer has marked "H-1B1 Chile" or "H-1B1 Singapore", as evidence that it was filed for your position; evidence that your employer paid any applicable fee; and evidence that your stay will be temporary (a letter or employment contract should show the job is offered on a temporary basis). You must meet the academic and occupational requirements for the position, and for certain occupations you may submit proof of alternative credentials. You also pay the machine-readable visa (MRV) fee or show proof of payment.[1]
How long you can stay and extensions
H-1B1 admission is for 1 year, and extensions are granted only in 1-year increments. After every second extension, the next extension is granted only if DOL has certified that your employer filed an attestation (the LCA) for that extension.[3]
If you are in the U.S., your employer extends your H-1B1 stay, or changes you into H-1B1 from another status, by filing Form I-129 with USCIS together with the Trade Agreement Supplement, the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement. An extension request also needs an LCA certified by DOL that is valid for the period requested.[7,11]
Spouse and children (H-4)
Your spouse and children who go with you or join you later may qualify for H-4 status. In H-4 they may study but may not work unless USCIS approves work authorization or they hold a work-authorized status other than H-4. In the U.S., they extend their stay on Form I-539, unless your Form I-129 is for you alone and the form version provides for including them.[1,11]
Fees
| Item | Amount | Who pays and when |
|---|---|---|
| Visa application fee (H category) | $205 per person | Each applicant at the consulate, including H-4 family members |
| Visa issuance fee (reciprocity fee) | Depends on your nationality (set on a reciprocal basis) | Applicant, at the consulate |
| H-1B1 employer fee (same amount as the American Competitiveness and Workforce Improvement Act (ACWIA) training fee) | $1,500; $750 if the employer has 25 or fewer full-time equivalent employees in the U.S. (counting affiliates and subsidiaries) | Employer. The law requires it for initial H-1B1 status and for the extension that follows every second extension; with Form I-129, the H-1B Data Collection and Filing Fee Exemption Supplement determines what is owed. Some employers are exempt |
| Form I-129 (H-1B1), only when you are in the U.S. and change to or extend H-1B1 | $780 paper / $730 online; $460 for a small employer (25 or fewer full-time equivalent U.S. employees, including affiliates and subsidiaries) or a nonprofit | Employer, for a change of status or an extension |
| Asylum Program Fee (with Form I-129) | $600 / $300 / $0 | Employer: regular / small employer / nonprofit |
| Fraud Prevention and Detection Fee | Not required for H-1B1 | Not applicable |
| Public Law 114-113 fee | Does not apply to H-1B1 | Not applicable |
| Form I-539 (H-4 family members in the U.S.) | $470 paper / $420 online | Family members extending or changing status inside the U.S. |
Recent policy changes
Recent policy changes
Official- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration FeesOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee RuleSep 30, 2026 · Federal Register (federalregister.gov API) · Status: Final rule · Not yet reviewed
- USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related FeesSep 30, 2026 · USCIS alerts RSS feed · Not yet reviewed
Ask WELIVEINUSA Visa
Ask WELIVEINUSA Visa
Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".
Questions people ask
Do I need a U.S. professional license before I apply?
No. A license is not part of the H-1B1 requirements, and admission or classification must not be denied only because you do not yet hold a license to practice in the U.S. If your profession needs a license to practice, that is a requirement after entry, enforced by the state or other local authority.[1]
Can I plan to apply for a green card later?
H-1B1 does not have dual intent, and the consular officer must be satisfied that your proposed stay is temporary. The State Department's manual says a future intent to immigrate that is in no way connected to the immediate trip does not by itself make the trip not temporary, and that an extended stay, even of years, may be temporary if there is no immediate intent to immigrate. How this applies to your plans depends on your facts; an immigration attorney can advise you.[1]
What happens if my job ends?
You are not treated as having failed to maintain status solely because the job ended, for up to 60 consecutive days or until the end of your authorized validity period, whichever is shorter, once during each authorized validity period. The Department of Homeland Security (DHS) may shorten or eliminate this period at its discretion, and you may not work during it unless otherwise authorized. During this time you may apply for an extension of stay or a change of status if otherwise eligible.[11]
Related categories
Content last reviewed: Oct 18, 2026 · General information, not legal advice.
Sources
- 1.9 FAM 402.10 TEMPORARY WORKERS AND TRAINEES - H VISASU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 2.I-129, Petition for a Nonimmigrant Worker - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 3.8 U.S.C. 1184 (INA 214) - Admission of nonimmigrantsU.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
- 4.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 5.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 6.22 CFR 41.12eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 7.Instructions for Form I-129 (edition 09/09/26)USCIS · Form / instructions · Checked Sep 27, 2026
- 8.22 CFR 41.53eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 9.H-1B Cap Season - USCISUSCIS · Agency page · Checked Sep 27, 2026
- 10.20 CFR 655.731 - LCA wage requirementeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 11.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 12.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026