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What is the H-1B1 visa?

Skip the H-1B lottery. Chilean and Singaporean professionals have a separate quota for this specialty occupation visa with indefinite renewal options. Find out how.

blog-authorDavid A. Keller, Esq.

Key takeaways

What is the H-1B1 visa?

The H-1B1 visa is a temporary, nonimmigrant work visa category specifically reserved for citizens of Chile and Singapore. It was created as a result of free trade agreements the U.S. signed with each country.

Like the standard H-1B, it’s designed for professionals in jobs requiring specialized knowledge.

H-1B1 visa at a glance

Two forms are critical for the H-1B1 application and maintaining your status:

Labor Condition Application (LCA) — Form ETA-9035

The employer must file and receive certification for an LCA before the worker can apply for an H-1B1 visa or be admitted in H-1B1 status.

I-94 Arrival/Departure Record

The I-94 governs the period of authorized stay in the U.S. and is critical for maintaining lawful status and tracking expiration dates.

Workers should routinely confirm their I-94 details (including class of admission and expiration date) after each entry.

Who qualifies for an H-1B1 visa

To qualify for an H-1B1 visa, the applicant must:

What is a specialty position?

A specialty occupation is generally one that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree (or its equivalent) in a specific specialty as a minimum for entry into the occupation.

The focus is typically on whether the role normally requires a degree in a specific field and whether the candidate’s background aligns with the position.

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Comparing H-1B and H-1B1 visas

Although H-1B1 is related to H-1B, key eligibility and process differences affect timing, renewability, and long-term planning.

H-1B vs H-1B1 differences

These are the main differences between H-1B and H-1B1 visas:

CategoryH-1BH-1B1
Eligible nationalitiesOpen to all countriesExclusively available to citizens of Chile and Singapore
Annual cap65,000 per year, plus 20,000 with a U.S. master’s degree1,400 from Chile and 5,400 from Singapore, drawn from the 65,000 annual H-1B applicant cap
Form I-129 petition required?Yes (unless you qualify for a cap-exempt H-1B)Not generally, unless requesting change or extension of status while in the U.S.
Permanent residencyYou can seek permanent residency without jeopardizing nonimmigrant statusYou must demonstrate your stay is temporary
DurationGenerally, six years with exceptions for participants in Department of Defense research. Three-year extensions, past the 6-year limit, are available for some Green Card applicantsOne year, renewable indefinitely (a new LCA will be needed for after first two extensions)
$100,000 feeMay apply for applications that go through consular processing after Sept. 21, 2025Does not apply

H-1B vs H-1B1 similarities

Both visa types apply to “specialty occupations,” meaning positions requiring specialized knowledge. They also both require employers to file an LCA attesting that:

In addition, both H-1B and H-1B1 workers can bring their spouses and children on an H-4 dependent visa.

Advantages of the H-1B1 visa

The advantages of the H-1B1 visa include its streamlined application process and separate quota.

Streamlined application

For many applicants, H-1B1 can be pursued through consular processing without the same front-loaded petition steps common in standard H-1B cases.

Indefinite renewability

H-1B1 is typically granted in one-year increments and can be renewed indefinitely as long as eligibility continues and nonimmigrant intent is maintained.

Family

H-1B1 workers can generally bring spouses and unmarried children under 21 in H-4 status.

Can H-1B1 lead to a Green Card?

Because H-1B1 is not a dual-intent status, long-term permanent residency planning often involves careful timing and, in many cases, a transition to another status (such as H-1B) before pursuing a Green Card process.

H-1B1 visa requirements and eligibility

Eligibility typically hinges on citizenship (Chile/Singapore), a qualifying specialty occupation job offer, appropriate credentials, and maintaining nonimmigrant intent throughout the process.

What is the sponsor’s role in the H-1B1 process?

The sponsoring employer’s responsibilities commonly include preparing the role documentation, filing the LCA, and supporting the visa application with job and wage details consistent with the LCA.

Application process for an H-1B1 visa

The H-1B1 process often centers around an approved LCA and consular processing steps, though some applicants may seek change or extension of status from within the U.S. depending on circumstances.

How to prepare for your H-1B1 interview

Preparation generally involves aligning your role, qualifications, and documentation with the specialty occupation requirements, confirming LCA details, and being ready to explain the temporary nature of your stay.

How to extend your H-1B1 visa

H-1B1 extensions can be pursued either from within the U.S. or through consular processing abroad, depending on your situation and strategy.

Extending within the U.S.

Extensions from within the U.S. are generally handled as a change/extension of status filing, and may involve an employer filing with USCIS depending on the requested action.

Extending outside the U.S.

Applicants extending through consular processing typically rely on a new, certified LCA and standard visa application steps at a U.S. consulate.

Let us help you on your H-1B1 journey

If you want guidance on eligibility, documentation strategy, or long-term planning (including potential transition pathways), consider getting tailored legal support for your case.

Stay Informed. Stay Ahead.

Subscribe to get immigration updates and practical guidance delivered regularly.

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