H-1B1 Visa for Chileans and Singaporeans

The H-1B1 visa gives eligible professionals from Chile and Singapore a treaty-based path to work in the United States in specialty occupations. It is separate from the regular H-1B lottery, has its own annual allocation of 6,800 visas, and can be renewed in one-year increments with no fixed maximum stay if the worker continues to qualify.

For Chilean and Singaporean candidates, the practical advantage is timing. A software engineer, financial analyst, product manager, accountant, architect, researcher, or operations analyst may be able to start a U.S. role without waiting for the March H-1B registration cycle. The employer still must handle wage and Labor Condition Application rules, but the route is often faster and cheaper than a standard cap-subject H-1B filing.

• Who qualifies for the H-1B1 visa?
• How is H-1B1 different from H-1B?
• What must the employer file?
• What fees and timing should you expect?
• Can H-1B1 workers pursue a green card?

Who qualifies for the H-1B1 visa?

The H-1B1 category is limited to nationals of Chile and Singapore. Permanent residents of those countries who are not citizens do not qualify. A Chilean citizen living in Canada may qualify. A Singapore permanent resident with Malaysian citizenship does not qualify under H-1B1.

The job must be a specialty occupation, meaning it generally requires at least a bachelor’s degree, or an equivalent credential, in a field related to the role. Common fit areas include software engineering, data science, accounting, finance, civil engineering, marketing analytics, management consulting, architecture, scientific research, and university teaching. The degree-to-job connection matters. A computer science graduate hired as a backend engineer is easier to support than a general business graduate hired into a vague operations role with no clear degree requirement.

The Department of Labor describes H-1B1 as covering professionals from Chile and Singapore under free trade agreements, with 1,400 numbers for Chile and 5,400 for Singapore each fiscal year, for a total of 6,800 reserved numbers U.S. Department of Labor H-1B1 program page.

A strong H-1B1 case usually has four pieces aligned:

• Nationality: the worker holds a valid Chilean or Singaporean passport.
• Specialty occupation: the role requires a specific degree or equivalent body of knowledge.
• Worker qualification: the worker has the required degree, license, or equivalent background.
• U.S. wage compliance: the employer pays at least the required wage for the role and worksite.

Job titles alone do not carry the case. A title such as business analyst may qualify if the duties require statistics, information systems, finance, industrial engineering, or another related field. The same title may be weak if the role is a general coordinator position with no defined degree requirement.

How is H-1B1 different from the regular H-1B?

The H-1B1 visa is often described as an H-1B alternative, but it has its own rules. The biggest differences are lottery access, admission length, immigrant intent, and filing route.

Issue	H-1B1 for Chile and Singapore	Regular H-1B
Eligible nationality	Only Chilean and Singaporean nationals	Any nationality
Annual numbers	1,400 Chile, 5,400 Singapore	65,000 regular cap plus 20,000 U.S. master’s cap, with exemptions
Lottery	No H-1B electronic registration lottery in normal practice	Lottery applies to cap-subject cases when demand exceeds supply
Initial admission	Usually one year	Up to three years
Extensions	One-year increments, no fixed maximum	Generally six-year limit, with AC21 exceptions
Dual intent	Not a dual intent category	Dual intent category
Common filing path	Consular application with certified LCA, or USCIS Form I-129 inside the U.S.	USCIS petition required before visa stamping or status change

The Federal Register proposed rule published on 11 September 2026 confirms several points that matter in planning. Employers must file a Labor Condition Application under INA section 212(t)(1), applicants outside the United States apply through the Department of State, workers inside the United States use Form I-129 with USCIS, admission is in one-year increments, and there is no maximum number of extensions Federal Register, Vol. 91, No. 175, 11 September 2026.

For professionals who are eligible, H-1B1 can solve a timing problem that H-1B cannot. A Singaporean data engineer who receives an offer in August does not need to wait until the next H-1B lottery cycle if the employer can certify the LCA and support the consular application. A Chilean accountant whose OPT is ending may use H-1B1 as a separate work visa option if the position qualifies and the timing works. F-1 students should also review OPT to H-1B timing issues, because a change from F-1 or OPT to H-1B1 inside the United States raises status, work authorization, and travel questions that differ from consular processing.

Does H-1B1 have a lottery or cap season?

H-1B1 has a numerical limit, but it does not operate like the standard H-1B lottery. The annual set-aside is 1,400 for Chile and 5,400 for Singapore. These 6,800 numbers come out of the 65,000 regular H-1B cap. Unused H-1B1 numbers return to the general H-1B pool, as the Department of Labor explains on its H-1B1 program page U.S. Department of Labor.

The key planning point is that H-1B1 numbers have not historically created the same selection pressure as regular H-1B cap cases. Candidates should still avoid casual assumptions about availability late in a fiscal year, but employers do not submit H-1B1 candidates into the March electronic registration system used for standard H-1B cap-subject filings.

This distinction matters during recruiting. If a recruiter says the company missed the H-1B lottery and therefore cannot hire a Singaporean or Chilean professional until next year, the candidate can explain that H-1B1 is a separate treaty category. A concise answer works best:

I am eligible for the H-1B1 visa as a Singaporean national. It is different from the regular H-1B lottery. The employer files an LCA, and I can apply at a U.S. consulate with the certified LCA and offer documents, or use Form I-129 if changing status in the United States.

Candidates who need help framing sponsorship during interviews can adapt the scripts in how to answer whether you require sponsorship. The goal is to be accurate without making the process sound heavier than it is.

What must the employer file for an H-1B1 worker?

The employer’s first required step is usually the Labor Condition Application, filed with the Department of Labor. The LCA is not a full immigration petition. It is a wage and working conditions attestation tied to the employer, role, work location, occupation, and period of employment.

20 CFR section 655.700, updated 30 September 2026, states that the H-1B, H-1B1, and E-3 programs are governed by the LCA framework and that employers must file LCAs with the Department of Labor before the Department of State or USCIS admits or grants the relevant status 20 CFR 655.700. For hiring teams that already sponsor H-1B, the LCA process will feel familiar.

What does the LCA require?

The employer must attest that it will pay the required wage, provide working conditions that do not harm similarly employed U.S. workers, give required notice, and maintain a public access file. The wage rule is central. Under the Department of Labor’s H-1B1 regulation materials, the employer must pay the greater of the actual wage paid to similarly qualified employees in the same role and location, or the prevailing wage for the occupational classification in the area DOL H-1B1 regulation materials.

Example: a San Jose software developer role has an internal pay band of $135,000 to $165,000. If the prevailing wage for the occupation and level is $128,000, and comparable employees are paid $145,000, the employer should not offer the H-1B1 worker $128,000 simply because that is the prevailing wage. The actual wage comparison may require a higher salary.

Example: a Nashville financial analyst role pays comparable employees $78,000 to $86,000. If the prevailing wage for the occupation and level is $82,000, an offer of $75,000 is a wage problem even if the candidate is willing to accept it.

Avisa users can search visa-sponsored jobs by field and city and then compare the employer’s stated pay range with likely wage expectations for the location. H-1B1 does not require an employer to have sponsored hundreds of H-1B petitions before, but employers that already understand LCA wage rules usually move faster.

Does every H-1B1 case require Form I-129?

No. A major H-1B1 benefit is that a worker outside the United States can apply directly at a U.S. consulate after the employer obtains a certified LCA and prepares the supporting employer letter and job evidence. USCIS Form I-129 is used when the worker is asking USCIS for a change of status or extension inside the United States.

A Chilean professional living in Santiago with a U.S. job offer will commonly follow the consular route. A Singaporean professional already in the United States on F-1 OPT may use Form I-129 if the strategy is to change status without departing. The right route depends on timing, travel plans, visa appointment availability, status expiration, and risk tolerance.

What fees and processing time should candidates expect?

H-1B1 costs depend on whether the person applies from outside the United States or asks USCIS for a change or extension inside the United States.

For consular processing, the worker generally completes the DS-160 and pays the Machine Readable Visa fee. The H-1B1 visa application fee is listed as US$205 in the current fee summaries reviewed for 2026 VisaTypes H-1B1 fee summary. Applicants should still check the U.S. embassy or consulate payment page before scheduling, because local payment systems and appointment steps vary by post.

For a change of status or extension through USCIS, the employer files Form I-129 and pays the applicable USCIS filing fees. The Form I-129 H supplement instructions and fee rule materials state that H-1B1 petitioners do not pay the $500 Fraud Prevention and Detection fee that applies to many regular H-1B petitions USCIS Form I-129 H classification instructions.

This fee difference is useful for employers that hesitate because they assume H-1B1 carries every H-1B cost. It does not remove the need for legal review, LCA work, internal payroll checks, and document preparation, but it can lower the government-fee burden compared with some standard H-1B filings. For broader cost planning, hiring teams can compare the fee categories in the cost to sponsor an H-1B worker and then remove items that do not apply to H-1B1.

How long does the LCA take?

The Department of Labor usually reviews LCAs for completeness and obvious errors within about seven working days in normal conditions. That is the LCA review window, not the full visa timeline. The full timeline includes drafting the job letter, selecting the correct occupation and wage level, posting notice, waiting for LCA certification, completing DS-160 or Form I-129, scheduling any consular appointment, and clearing visa issuance or USCIS processing.

Prevailing wage determinations can take much longer when an employer requests a formal determination from the Office of Foreign Labor Certification. As of late summer 2026, the processing summary reviewed in public fee and timing materials reported that some prevailing wage determinations received in May 2026 were still pending VisaTypes 2026 H-1B1 processing summary. Many employers use other permitted wage sources instead of waiting for a formal prevailing wage determination, but the wage source must be defensible.

Should you apply at a consulate or change status inside the United States?

The best route depends on where the worker is located and how soon the job must start. H-1B1 is unusual because consular processing is often the standard path for candidates outside the United States. The employer does not always need to wait for USCIS approval before the worker applies for the visa abroad.

Consular processing may fit if you are outside the United States

Consular processing may be practical for a Chilean or Singaporean worker who is abroad, has a clean immigration history, has a clear specialty occupation offer, and can attend a visa interview. The employer prepares the certified LCA, detailed support letter, offer letter, job description, wage evidence, and company materials. The worker prepares the DS-160, passport, degree evidence, resume, and proof of intent to depart the United States after the authorized stay.

The consular officer will evaluate whether the job qualifies, whether the worker qualifies, and whether the worker satisfies the nonimmigrant intent requirement. A vague support letter creates risk. A strong letter maps the job duties to the degree requirement, explains why the role needs specialized knowledge, confirms salary and location, and lists the LCA case details.

Change of status may fit if you are already in the United States

Change of status can make sense for a worker already in valid status, such as F-1 OPT, who wants to avoid travel. The employer files Form I-129 with USCIS requesting H-1B1 classification and a change of status. Work authorization in the new status begins only under the rules tied to the requested start date and approval. A pending case does not automatically mean the worker can keep working past the end of current authorization.

F-1 students should be especially careful. Regular cap-subject H-1B has cap-gap rules in some cases. H-1B1 does not operate through the same cap-subject H-1B lottery path, so students should not assume cap-gap protection applies. If OPT or STEM OPT is close to expiring, review the employer’s filing plan, your I-94, your EAD end date, and travel plans before choosing the route. The rules in STEM OPT employer requirements also matter if the worker will stay on STEM OPT while the H-1B1 plan is prepared.

Can H-1B1 workers pursue a green card?

H-1B1 is not a dual intent category. That means the worker must maintain the intent to depart the United States when the authorized stay ends. This is a major difference from regular H-1B, where the statute permits dual intent.

USCIS discussed dual intent principles for certain employment categories in policy materials, including the May 21, 2026 USCIS Policy Memo PM-602-0199 as summarized by immigration practice analysts Immigration Copilot summary of USCIS PM-602-0199. The practical takeaway for H-1B1 workers is narrow but serious. H-1B and L-1 receive statutory treatment that H-1B1 does not receive. A pending or planned immigrant petition can complicate H-1B1 visa renewal, entry, or change of status strategy.

This does not mean a Chilean or Singaporean professional can never pursue permanent residence. It means the sequence should be planned with counsel. Common options include moving from H-1B1 to regular H-1B through the lottery or a cap-exempt employer, using an immigrant category from abroad, or timing the green card process so that visa travel and renewals are not put at unnecessary risk.

Example: a Singaporean machine learning engineer on H-1B1 wants the employer to start PERM. PERM itself may not create the same visible issue as filing Form I-140, but the overall plan points toward permanent residence. If the engineer needs annual visa renewals abroad, consular nonimmigrant intent questions may become harder. The employer may decide to enter the regular H-1B lottery as a bridge to dual intent status before filing later green card stages.

Example: a Chilean researcher qualifies for EB-2 NIW and wants to self-petition. That may be a strong permanent residence strategy, but it can affect future H-1B1 travel and renewal analysis. The worker should compare the NIW path with EB-2 NIW for STEM professionals and also understand how dual intent visas interact with green card plans.

Do not treat H-1B1 as a smaller H-1B for green card planning. It uses similar specialty occupation and LCA concepts, but it does not carry the same dual intent protection.

How long can you stay on H-1B1?

H-1B1 admission is typically granted in one-year increments. The 11 September 2026 Federal Register proposed rule confirms that H-1B1 workers may be admitted in one-year increments and that there is no maximum number of extensions if the requirements continue to be met Federal Register proposed rule, 11 September 2026.

This rule creates a planning tradeoff. H-1B1 can be renewed for many years, but the worker and employer must revisit the process each year. A standard H-1B approval may cover up to three years at a time. For a candidate who wants fast entry into a U.S. role, H-1B1 may be attractive. For an employer that wants longer approval periods and a green card track, regular H-1B may eventually become the better fit.

Annual renewal also affects travel. The worker should track the visa foil expiration date, I-94 expiration date, passport expiration, LCA validity period, and employment end date. The I-94 controls authorized stay in the United States. A visa stamp controls the ability to request entry from abroad. These dates may not match.

For job changes, the new employer needs its own H-1B1 plan. A certified LCA from Employer A does not authorize work for Employer B. If the worker is inside the United States, the new employer may need to file Form I-129 before the worker changes employment. The portability rules commonly discussed for regular H-1B should not be assumed without legal review. If a candidate is comparing roles, the safer practical step is to have the new employer prepare the LCA and immigration route before resigning.

What changed in 2026 for H-1B1 planning?

Several 2026 policy developments affect employer risk review, even though the core H-1B1 statute remains tied to the Chile and Singapore trade agreements.

The 11 September 2026 Federal Register proposed rule confirmed core mechanics

The Federal Register proposed rule published on 11 September 2026 confirmed the H-1B1 LCA requirement, the consular route for applicants outside the United States, Form I-129 use for applicants inside the United States, the one-year admission structure, the absence of a fixed extension maximum, and the 6,800 annual set-aside from the H-1B cap Federal Register, 11 September 2026.

The 18 September 2026 executive order increased layoff scrutiny

The Executive Order titled Enhancing Program Integrity, issued 18 September 2026, directed DHS, DOL, and State to consider whether sponsoring employers recently laid off, or plan to lay off, similarly situated U.S. workers when processing labor condition applications, petitions, visa issuances, or admissions. Corporate immigration practice summaries report that this broader review is expected to affect H-1B1 LCA and visa processing even though the order is not written only for H-1B1 Chambers Corporate Immigration 2026 USA guide.

For employers, this means a recent layoff in the same function and location can require careful review before filing. A company that laid off U.S. data analysts in New York last month and now wants to hire a Chilean data analyst on H-1B1 should expect questions from counsel about job duties, team structure, timing, and whether the positions are truly comparable.

The $100,000 H-1B entry fee does not apply to H-1B1

Policy changes beginning in September 2025 created a $100,000 fee requirement for certain new H-1B entries. The Conference Board’s 2026 policy backgrounder states that nationals of Chile and Singapore under H-1B1 are exempt because of trade agreement terms The Conference Board policy backgrounder. This exemption is a major recruiting point for eligible candidates and employers comparing visa costs.

The exemption does not mean H-1B1 cases are free or automatic. Employers still need wage analysis, LCA certification, a support letter, and document checks. The better message to hiring teams is precise: H-1B1 avoids the regular H-1B lottery and is exempt from the $100,000 H-1B entry fee described in the 2025 policy changes, but it still has LCA and specialty occupation requirements.

What documents should the candidate and employer prepare?

A well-prepared H-1B1 packet is clear, specific, and consistent. Weak packets often fail because they rely on a short offer letter and assume the consular officer will infer the specialty occupation from the company name or title.

Candidate documents

• Valid Chilean or Singaporean passport.
• Degree certificates and transcripts, with credential evaluation if the degree is from outside the United States and equivalency is not obvious.
• Resume showing relevant education and experience.
• Professional licenses if the role requires licensing.
• Prior U.S. immigration documents, including I-20s, DS-2019s, EADs, I-797 notices, visas, and I-94 records.
• Evidence of ties and intent to depart, such as family, residence, financial ties, or a clear explanation of temporary work plans.

Employer documents

• Certified LCA with the correct employer, worksite, occupation, wage, and validity period.
• Detailed support letter explaining the company, role, duties, degree requirement, salary, location, and temporary employment plan.
• Job description with percentage breakdown of duties.
• Evidence that similar roles require a related bachelor’s degree, such as prior job postings or industry materials.
• Company materials, such as website pages, product descriptions, annual report, funding information, or client overview.
• Wage support, including prevailing wage source and actual wage comparison.

For technical roles, avoid generic wording such as responsible for software projects. A stronger description states that the engineer will design Python services for transaction monitoring, build data pipelines in AWS, write unit and integration tests, and work with PostgreSQL and Kafka. For finance roles, specify forecasting models, variance analysis, GAAP reporting, valuation, audit controls, or risk models as relevant.

For startups, the support letter should also show that the company can pay the offered wage and has real work for the candidate. A pre-revenue startup hiring a Singaporean AI engineer may still qualify, but the officer may look closely at funding, product stage, payroll ability, and whether the job duties match the offered occupation.

Which H-1B1 misconceptions cause the most problems?

Misconception 1. H-1B1 is part of the H-1B lottery

H-1B1 has an annual number limit, but eligible Chilean and Singaporean professionals do not use the standard H-1B electronic registration lottery for this category. Treating it as a lottery case can make an employer miss a viable hire.

Misconception 2. H-1B1 has the same six-year limit as H-1B

H-1B1 is admitted in one-year increments, with no fixed maximum number of extensions under the current framework. The worker must continue to qualify, and the job must continue to meet the rules.

Misconception 3. H-1B1 allows dual intent

H-1B1 does not provide the same dual intent protection as H-1B. Green card plans must be timed with care, especially if the worker will need visa renewals or international travel.

Misconception 4. Every H-visa petition pays the $500 fraud fee

USCIS Form I-129 H classification instructions state that H-1B1 petitioners do not pay the $500 Fraud Prevention and Detection fee USCIS Form I-129 instructions. Employers should still budget for other filing, legal, and internal costs.

Misconception 5. Any professional job qualifies

The job must require a specialized bachelor’s degree or equivalent, and the candidate’s background must match. Sales, operations, project coordination, or customer success roles may qualify only if the employer can prove a specific specialty degree requirement tied to the actual duties.

How should Chilean and Singaporean professionals use H-1B1 in a job search?

Lead with the business value and give the visa explanation only when sponsorship comes up. Employers care about hiring risk, start date, and cost. H-1B1 can be framed as a lower-friction option for eligible workers because it avoids the regular H-1B lottery and can often be handled through an LCA plus consular processing.

A practical job-search script:

I am a Chilean national and eligible for the H-1B1 professional visa. It is for specialty occupation roles and is separate from the regular H-1B lottery. The employer files a Labor Condition Application, and I can apply through a U.S. consulate with the certified LCA and employer support letter.

For a Singaporean candidate already in the United States, the script may need one extra sentence:

Because I am currently in the U.S., the company can also discuss a Form I-129 change of status route with immigration counsel if that is better than consular processing.

Target employers that already hire international professionals, but do not limit yourself to companies with massive H-1B programs. Some mid-size employers avoid regular H-1B because of the lottery and cost, yet may be open to H-1B1 once the process is explained. The strongest fit is an employer with clear degree-based roles, defined salary bands, and HR or counsel familiar with LCAs.

If an employer asks whether H-1B1 is similar to E-3 for Australians, the answer is yes in structure, with country-specific rules and H-1B1’s Chile and Singapore treaty basis. Employers that have handled E-3 or H-1B LCAs can usually understand H-1B1 quickly. For comparison, see Avisa’s guide to the E-3 visa for Australians and employers.

What is the practical takeaway for H-1B1 candidates?

For Chilean and Singaporean professionals, the H-1B1 visa is one of the most underused U.S. work visa options. It can bypass the regular H-1B lottery, uses an employer LCA rather than a full USCIS petition for many consular cases, has a 6,800 annual set-aside, and can be renewed in one-year increments with no fixed maximum stay.

The tradeoffs are real. H-1B1 is not dual intent, approvals are shorter, each job must meet specialty occupation rules, and employers must still comply with LCA wage and notice rules. Candidates with green card plans should map the sequence before filing immigrant petitions or making international travel plans.

Your next step is to identify roles where the degree requirement, salary, and employer readiness line up. For each target job, ask three questions: does the role clearly require my degree field, will the employer pay at least the required wage for the worksite, and can the company support an LCA plus consular or Form I-129 filing on the needed timeline?

Sources

This guide draws on the following official and institutional sources. Immigration rules change often — check the original source for the current position before acting on it.

• Federal Register / Vol. 91, No. 175 / Friday, September 11, 2026 / Proposed Rules (govinfo.gov)
• H-1B1 Program | U.S. Department of Labor (dol.gov)
• Document (dol.gov)
• Instructions for Petition for Nonimmigrant Worker (uscis.gov)
• U.S. Department of Homeland Security (uscis.gov)
• 20 CFR 655.700 - What statutory provisions govern the employment of H-1B, H-1B1, and E-3 nonimmigrants and how do employers apply for H-1B, H-1B1, and E-3 visas? (customsmobile.com)