H1B1 Visa Guide 2025: Requirements, Process, and H1B1 vs H1B Differences

Most people know about the H-1B visa, but if you’re a citizen of Chile or Singapore, there’s a special route just for you: the H1B1 visa. Established under free trade agreements with Chile and Singapore, the H-1B1 is a variant of the H-1B tailored to professionals from these two countries​. It’s an attractive option because it has dedicated annual slots (1,400 for Chile, 5,400 for Singapore) that have never been fully used, meaning effectively no lottery and no backlog. This guide will explain H1B1 visa requirements, how to apply (it has some unique procedures), how it compares to a standard H-1B (H1B1 vs H1B), and considerations for transitioning from H1B1 to a green card.

If you’re a Chilean or Singaporean professional eyeing a job in the U.S., understanding H1B1 can give you a significant advantage. Employers too should note this pathway - it’s often easier and quicker than the regular H-1B process for hiring Chilean/Singaporean talent.

H1B1 Visa Requirements and Eligibility

The H1B1 is closely modeled on the H-1B, so many criteria are similar. Key requirements:

• Citizenship: You must be a citizen of Chile or Singapore. No other nationalities qualify. (Note: Permanent residents of those countries don’t qualify - only citizens.) This is the defining eligibility factor for H1B1.
• Specialty Occupation Job Offer: The job in the U.S. must be in a specialty occupation - essentially the same standard as H-1B: a position that requires a bachelor’s degree or higher in a specific field​. Common fields include IT, engineering, science, finance, etc., just like H-1B. However, the H1B1 treaties carved out some flexibility: Chilean Agricultural Managers and Physical Therapists, and Chilean/Singaporean Disaster Relief Claims Adjusters and Management Consultants, can qualify with alternate credentials (not strictly a bachelor’s)​. These are exceptions written into the agreements for those professions, acknowledging experience or diplomas could suffice.
• Educational Qualifications: Generally, a bachelor’s degree or higher related to the job is required (or equivalent in work experience). If you have a foreign degree, a credentials evaluation may be used to prove it’s equivalent to a U.S. degree. The special cases mentioned above aside, treat it like an H-1B - you need to be a professional in the field of the job.
• U.S. Job Offer & Employer Sponsorship: You must have a job offer from a U.S. employer willing to sponsor the H1B1. Unlike some visas, you cannot petition for yourself. The employer doesn’t have to undergo the H-1B lottery (H1B1 is cap-exempt from the main cap), but they do need to meet other conditions like obtaining a Labor Condition Application.
• Labor Condition Application (LCA): Yes, H1B1 also requires an LCA from the Department of Labor​. This is the same process H-1Bs use: the employer files an LCA for the position, agreeing to pay the prevailing wage and comply with labor standards. The LCA for H1B1 is essentially identical to H-1B’s. Once certified (takes ~7 days), it is used in the visa application. Prevailing wage requirements apply, so the job must pay at least the prevailing wage for that occupation in that region, just like H-1B​. Employers also must post notice of the LCA at the workplace. These protections ensure the H1B1 worker isn’t underpaid or displacing U.S. workers unfairly.
• Temporary Intent: The H1B1 is legally a one-year nonimmigrant visa (renewable indefinitely). It is not dual intent. Technically, you must demonstrate you don’t intend to immigrate permanently (more on this nuance later). But practically, having a job offer is usually enough; you may be asked about your ties to your home country at the visa interview to ensure you plan to eventually return.

If you compare these with H-1B requirements, they’re nearly the same: specialty occupation, degree, LCA, employer sponsor. The major difference is nationality and how the cap is managed.

Also, note that unlike H-1B, the H1B1 is only valid in increments of up to 18 months (initially often 12 months). It doesn’t come as a 3-year visa upfront (more under Duration section). This means paperwork more frequently, but since renewals are usually not an issue (cap is never hit), it’s a manageable trade-off for skipping the lottery.

H1B1 Application Process: How to Apply

The H1B1 application process has two routes, and it’s a bit different from the standard H-1B:

Option 1: Apply Directly at a U.S. Consulate (No USCIS Petition Required) - This is a unique feature of H1B1. Chilean or Singaporean applicants often apply for the visa directly at the consulate with just the LCA and job offer, without first filing an I-129 petition with USCIS. Here’s how it works:

• The U.S. employer obtains a certified LCA for the H1B1 position (listing “H-1B1 Chile” or “H-1B1 Singapore” as the visa category).
• The applicant completes the DS-160 online visa application and pays the visa fee (same fee as other nonimmigrant visas, currently $205 for H visas).
• Schedule a visa interview at the U.S. Embassy (in Santiago or Singapore, or any consulate that handles H visas, though it’s easiest in your home country).
• Prepare documents for the interview: the LCA, a detailed job offer or employment letter from the U.S. company, proof of your qualifications (diploma, transcripts, resume), and any evidence of ties to your home country (to satisfy nonimmigrant intent, e.g., family, property, etc. - though this isn’t always asked if you qualify).
• At the interview, if approved, the consulate issues the H1B1 visa stamp in your passport, and you can then travel to the U.S. to start work.

This direct route is very convenient because it sidesteps the need for the employer to file a petition and pay hefty USCIS filing fees. It’s similar to the TN visa process for Canadians/Mexicans under NAFTA and the E-3 visa process for Australians - a treaty-based work visa you can get directly via a consulate.

Option 2: USCIS Petition (Change of Status or Employer Choice) - Alternatively, an employer can file an I-129 petition with USCIS for H1B1 (for example, if the candidate is already in the U.S. in another status and wants to change to H1B1 without leaving). This process mirrors an H-1B petition:

• File Form I-129 with H1B1 supplement, include LCA, support letter, etc.
• Pay petition fees (much lower than H-1B though - notably, the $500 fraud fee is waived for H1B1, and H1B1s aren’t subject to the $1,500 training fee; basically just the $460 petition fee).
• Wait for USCIS approval (can use premium processing if desired).
• If the person is in the U.S. in another status, USCIS can grant a change of status to H1B1, and then the person can start working. If they then travel, they’d get an H1B1 visa stamp to re-enter.
• This method is less common but it’s useful for change of status scenarios or if an employer prefers having the petition approval first.

No Lottery: Importantly, neither route involves the H-1B lottery. H1B1 has its own quota of 6,800 per year (1,400 Chile, 5,400 Singapore) taken from the overall H-1B allotment​. But these have never been exhausted historically​ - for example, in some years only a few hundred H1B1s are issued per country. Any unused H1B1 slots roll back into the next year’s regular H-1B pool​. So practically, as a Chilean or Singaporean, you have a virtually guaranteed H-1B alternative as long as you meet the criteria and timing.

Timeline: If going via consulate, you are limited by visa appointment availability, but you could potentially get an H1B1 visa in a matter of weeks. There’s no fixed “season” - you can apply any time of year. If going via USCIS petition, you might take a couple months, but premium processing could make it 2-3 weeks for approval. So either way, it’s generally faster and more flexible timing-wise than the H-1B cap process.

Arrival and I-94: When you enter the U.S. with an H1B1 visa, the CBP officer will issue an I-94 usually for Arrival and I-94: When you enter the U.S. with an H1B1 visa, the CBP officer typically grants an initial 1-year admission on your I-94. Each H-1B1 stay is for up to one year (or the validity of your job contract, if shorter) and is renewable indefinitely in one-year increment) as long as you continue to show nonimmigrant intent. In practice, this means you can extend your H1B1 status or get a new visa annually, provided you still have the job and you haven’t demonstrated intention to settle permanently. There is no statutory 6-year limit like the H-1B has). Many H1B1 workers renew their status every year; it’s a bit more paperwork, but it’s quite routine since numbers are well below the caps.

Maintaining Nonimmigrant Intent: A quirk of H1B1 is you are subject to the immigrant intent scrutiny of section 214(b) at each visa renewal or entry (unlike dual-intent H-1B). This means you should be prepared to prove ties to your home country (e.g., property, family, or at least an intent to return eventually) when renewing. In practice, consular officers understand H1B1 is employment-based and don’t usually deny visas if you’re straightforward about continuing temporary employment. But if an H1B1 worker were to, say, file for a green card while on H1B1, it could jeopardize their next H1B1 renewal. We’ll discuss green card strategies below - usually H1B1 holders switch to a dual-intent status (like H-1B) before filing immigration papers, or they pursue an immigrant visa via consular processing abroad.

Dependents (H-4 status): Spouses and children of H1B1 workers are eligible for H-4 dependent visas, just like dependents of H-1B. They can study in the U.S., but H-4 spouses generally cannot work (unless they later qualify for an EAD via the primary’s green card process, which is rare in H1B1 context). This is a consideration if your spouse also wants to work in the U.S.—the H1B1 route itself doesn’t grant that, whereas if you held an H-1B, your spouse could potentially get work authorization after you reach certain green card milestones. Some H1B1 families address this by the spouse independently seeking their own work visa (e.g., H1B, L-1, etc.) or by eventually transitioning the principal to H-1B status.

H1B1 vs H-1B: Key Differences

For a quick overview, here are the major differences between the H1B1 and H-1B visas:

• Eligibility - Nationality: H1B1 is exclusive to citizens of Chile and Singapore. H-1B is open to all nationalities worldwide (no citizenship requirement).
• Cap and Lottery: H1B1 has its own annual quota (1,400 Chile, 5,400 Singapore) which historically has never been fully used. In effect, no lottery is needed for H1B1 - the visas are available year-round on a first-come basis. H-1B, by contrast, has a cap of 65,000 (plus 20,000 master’s) that is oversubscribed, leading to a random lottery every March/April. If you qualify for H1B1, you bypass that competitive H-1B lottery entirely.
• Application Process: H1B1 can be obtained directly through a consular visa application without a USCIS petition. This saves time and fees - you typically just need an LCA and a job offer to apply for the visa at the embassy. H-1B always requires a USCIS-approved I-129 petition first (except TN or E-3, but those are different categories). If an H1B1 worker is already in the U.S., they can also file a USCIS petition to change status to H1B1, but most new H1B1 entrants use the direct consular route.
• Duration and Renewal: H1B1 visas are granted in one-year increments, renewable indefinitely. H-1B visas are typically granted for three-year increments (up to 6 years total, with possible extensions beyond 6 years if a green card is in process). So H1B1 requires more frequent renewals. However, H1B1 has no fixed max-out date - you could keep renewing year-by-year for 10+ years, theoretically, as long as you maintain nonimmigrant intent and the job. H-1B has a hard 6-year limit (unless you invoke AC21 extensions by starting a green card).
• Intent (Dual Intent): H-1B is dual intent - you can pursue permanent residency without issue. H1B1 is not dual intent. You must overcome 214(b) at visa interviews, meaning you need to convince them you’ll return home eventually. This is a critical difference. Practically, many H1B1 workers do transition to green cards, but they have to be careful in how they do it (often by switching to H-1B or another dual-intent status first, or by processing the green card entirely abroad). If you try to adjust status to green card while on H1B1, you risk violating the spirit of H1B1. Bottom line: If your long-term goal is a green card, H1B1 can be a great temporary solution, but you’ll likely strategize a switch to H-1B later (perhaps via the cap exempt if you work for a university, or try the lottery while on H1B1).
• Work Authorization for Spouse: As mentioned, H-1B’s spouse (H-4) can obtain EAD work authorization once the H-1B holder has an approved I-140 or after 6 years in status. H1B1’s spouse is also H-4, but since H1B1 itself doesn’t allow dual intent, it’s less common for an H1B1 holder to reach the point of an approved I-140 while still in H1B1 status. In short, count on H1B1 spouses not being able to work, whereas H-1B spouses eventually can under certain conditions. Also, L-2 spouses (from L-1 visa holders) can work immediately, which is an advantage of L visas over both H1B1 and H-1B.
• Costs/Fees: The H1B1 is cheaper for employers. There’s no $1,500 training fee, and no $500 fraud fee when filing an H1B1 petition. If applying directly at the consulate, the employer might only incur the cost of the LCA prep and perhaps lawyer fees, but not the hefty USCIS fees. H-1B petitions require those fees, and most employers will also face attorney fees for petition filing. So for a company, hiring under H1B1 can save a few thousand dollars.
• Usage and Strategy: Because H1B1 is underused, Chilean and Singaporean nationals have a near-guaranteed route to a work visa each year. Many employers (and even some U.S. immigration lawyers unfamiliar with H1B1) might not realize how straightforward it is. As a candidate, you may need to gently educate a prospective employer that “Hey, I’m eligible for H1B1 - this won’t count against your H-1B cap and is easier to get.” The employer still needs to do the LCA and provide support, but they won’t have to win the lottery. In contrast, if you go the normal H-1B route, you might lose out due to the cap. Pro tip: If you’re Chilean or Singaporean, always mention H1B1 to recruiters/hiring managers. Many are thrilled to learn there’s a way to hire you immediately rather than a lottery gamble.

To sum up, H1B1 is like a specialized fast-track H-1B for Chile/Singapore, with the main downsides being the one-year validity and the nonimmigrant intent requirement. For many, that’s a worthwhile trade to start working in the U.S. sooner.

Green Card Options for H1B1 Visa Holders

Can an H1B1 visa lead to a green card? Yes, but indirectly. The H1B1 itself doesn’t confer dual intent, so you have to maneuver carefully. Here are common strategies:

• Switch to H-1B: After working in the U.S. for some time, your employer could file an H-1B petition for you (perhaps in the next April lottery). If selected, you’d change status to H-1B. Once on H-1B, you have dual intent and can comfortably start the green card process (PERM labor certification or EB-1 if applicable, etc.). Some people do this after a year or two on H1B1. The downside is you’re back to lottery odds, but at least you can keep renewing H1B1 in the meantime if not selected, and try multiple years.
• Cap-Exempt H-1B: If you end up working for a cap-exempt employer (e.g., a university or non-profit research institute), they can file an H-1B for you at any time without a lottery. H1B1 holders sometimes move to such jobs or convince their current employer to spin them off to an affiliated non-profit entity to nab a cap-exempt H-1B slot. Once you have that, again you can pursue a green card freely.
• Direct Green Card (Consular): It’s possible for an employer to sponsor you for a green card while you continue on H1B1, and then you do the final immigrant visa interview in your home country. For example, your company could file a PERM and I-140 on your behalf while you maintain H1B1. When the priority date is current, you would leave the U.S. and attend the immigrant visa interview abroad (in Santiago or Singapore), get the immigrant visa, and come back as a permanent resident. This way you avoid filing an I-485 adjustment of status in the U.S. (which would show immigrant intent while you’re on a non-dual-intent visa). This strategy requires you to depart and re-enter, which can be inconvenient, but it’s a valid path if, say, the H1B lottery route isn’t working out. Important: While pursuing such a green card, you must maintain the appearance of nonimmigrant intent for H1B1. If a consular officer gets wind of an approved immigrant petition, they might refuse to renew your H1B1 visa under 214(b). That’s why many opt to change to H-1B first or simply stay in H1B1 until the immigrant visa is ready and then do one exit to swap to a green card.
• Other Categories: Sometimes H1B1 workers qualify for other dual-intent or immigrant categories on their own merits. E.g., if you meet criteria for an EB-1A extraordinary ability green card or EB-2 National Interest Waiver, you could self-petition for those without employer sponsorship. In those cases, it’s often advisable to switch to a status like O-1 (dual intent-like) or H-1B if possible, or be prepared to consular process the green card as mentioned above.

In summary, the H1B1 is typically a stepping stone. It lets you establish yourself in the U.S. job market without delay. From there, you and your employer can plot a course to secure permanent residency, often by transitioning to a status that allows it. Many individuals have successfully gone from H1B1 to green card - it just requires an extra step or two. And remember, because H1B1 can be renewed indefinitely, you won’t “run out of time” - you can keep working and trying the H-1B lottery each year, for example, while still having legal status to stay.

People Also Ask: H1B1 Visa FAQs

Q: What is the H1B1 visa and who can get it? A: The H-1B1 is a work visa for professionals from Chile or Singapore. It’s very similar to the H-1B, requiring a U.S. job offer in a specialty occupation (one that needs a bachelor’s degree). Only citizens of Chile and Singapore are eligible, as it was created under free trade agreements with those countries. If you’re from one of those countries and have a job offer in the U.S., the H1B1 visa is often the fastest way to start working legally. Each year, 1,400 slots are set aside for Chileans and 5,400 for Singaporeans, but usage has been low, meaning visas are almost always available. It’s a fantastic option that many employers and candidates overlook.

Q: How is H1B1 different from H-1B? A: The biggest differences are (1) nationality requirement (H1B1 is only for Chile/Singapore, H-1B is global), (2) no lottery for H1B1 (caps aren’t reached, whereas H-1B has a lottery due to high demand), (3) H1B1 is issued in 1-year increments (H-1B in 3-year increments), and (4) dual intent: H-1B allows immigrant intent, H1B1 does no​t. Additionally, H1B1 can be applied for directly at a U.S. consulate without first filing paperwork with USCIS, making it quicker in many cases. From an employer’s perspective, H1B1 has fewer fees and no strict October 1 start date - you can hire a Chilean or Singaporean any time of year. In short, H1B1 is a specialized subset of H-1B with easier access but a shorter leash (annual renewals and caution about green card plans).

Q: Do H1B1 visas count toward the H-1B cap? A: They are technically carved out of the main H-1B cap, but in practice they do not reduce regular H-1B chances. Each fiscal year, up to 6,800 H-1B visas are set aside for H1B1 (split 1.4k Chile, 5.4k Singapore​. If any of those go unused (and they almost always do), they get added back to the next year’s H-1B poo​l. For example, if Chileans use only 50 H1B1 visas this year, the remaining 1,350 go into next year’s general H-1B allotment. So while on paper H1B1 is part of the cap, it’s never actually constrained the regular H-1B availability. And as an H1B1 applicant, you don’t have to compete in the lottery at all - you have your own separate supply, which has historically been underutilized.

Q: How long can I stay in the U.S. on H1B1? A: Initially, an H1B1 visa is valid for one year. However, it can be renewed indefinitely in one-year increments. There’s no absolute maximum number of years like the H-1B’s 6-year limit. The main caveat is you must continue to demonstrate nonimmigrant intent for each renewal. As long as you have a valid job and you haven’t done something to indicate you plan to immigrate permanently (such as filing a green card application without a strategy), you can keep extending. Many people renew their H1B1 annually for several years. The renewal can be done by filing an extension petition with USCIS or simply by getting a new visa stamp abroad each year. It’s wise to start the renewal process a few months before your current status expires to avoid gaps. There’s a 240-day automatic extension rule if you filed a timely extension with USCIS, similar to H-1B, so you can keep working while an extension is pending. In summary, you can stay and work on H1B1 for as many years as needed, provided each year the requirements are met anew.

Q: Can I apply for a green card while on H1B1? A: You need to be careful. The H1B1 doesn’t allow open immigrant intent, so pursuing a green card (permanent residency) could conflict with your visa status. It’s not impossible, but the strategy matters:

• One way is to switch to H-1B status first, then apply for the green card. Once you’re on an H-1B (which permits dual intent), you can go through the normal green card process (PERM/I-140/I-485 or consular).
• Another approach is for your employer to start the green card process (PERM and I-140) while you’re on H1B1, but you finish the process abroad by attending a consular interview for an immigrant visa. You’d likely have to cease renewing H1B1 once you’re close to that stage, because showing up for an H1B1 visa renewal with an approved immigrant petition can get you denied.

If you remain on H1B1 and file an adjustment of status (I-485) in the U.S., that filing itself would show immigrant intent and you’d no longer be eligible for H1B1. So typically that’s not done. Instead, people convert to a dual-intent status or do consular processing. Many H1B1 holders do eventually get green cards - it usually involves a step of transitioning off H1B1. In summary, yes, you can get a green card as an H1B1 worker, but you’ll probably need a plan like switching to H-1B or handling it carefully through consular processing. Consulting an immigration attorney is highly recommended in this scenario to avoid jeopardizing your status.

Q: If I’m eligible for H1B1, should I ever bother with H-1B? A: In the short term, H1B1 is almost always the better deal because it’s available immediately and without lottery risk. You can start work sooner rather than waiting for next October’s H-1B cycle. However, in the long term, you might still “bother” with H-1B if you aim for certain benefits:

• Dual intent and Green Card: As discussed, being on an H-1B will make a future green card process easier. If you know your company will sponsor a green card in a year or two, moving to H-1B at some point could be wise.
• Longer validity: H-1B’s 3-year periods mean less frequent renewals than H1B1’s yearly process. Some prefer the convenience of that.
• Job change flexibility: H1B1 is tied to the specific employer/job each year. With H-1B, you also are tied to an employer, but transferring H-1B to a new employer is a standard process. Transferring H1B1 to a new employer would just involve the new employer doing the same steps (LCA + either consular visa or petition), which is also fine - so this is similar, actually. But note: if you leave your job, an H1B1 grace period is 60 days (same as H-1B). During that period a new employer could file a change of employer petition to keep you in status.

So, many people might use H1B1 to start working right away, and simultaneously have their employer enter them in the next H-1B lottery as a backup. If they win, great - switch to H-1B; if not, keep using H1B1. There’s no harm in having both options on the table. In fact, this is a strategy some of our Gale clients use. In any case, being eligible for H1B1 is a privilege - you have a door into the U.S. workforce that others don’t. Use the H1B1 to your advantage, and you can always pursue an H-1B or green card down the line when needed.

Conclusion: Harnessing the H1B1 Advantage

For Chilean and Singaporean professionals, the H1B1 visa is a golden ticket to the U.S. job market. It offers a low-competition pathway to work in America without the nerve-wracking lottery that others face. By understanding the H1B1’s requirements and limitations, you can make informed career moves - like when to leverage it, when to convert to a standard H-1B, and how to plan for permanent residence. U.S. employers, on the other hand, should recognize the H1B1 as a hiring hack: if you find top talent from Chile or Singapore, you can bring them on board quickly through this route.

At Gale, we have firsthand experience assisting H1B1 applicants and their companies. From securing LCAs swiftly to advising on transitions from H1B1 to green cards, we’ve guided clients through each nuance of this process. As a tech-driven immigration firm (backed by Y Combinator), we streamline every step - ensuring nothing falls through the cracks during annual renewals and that opportunities like H1B1 are fully utilized for our clients’ benefit. If you’re considering an H1B1 visa or need help charting a long-term status plan, book a consultation with Gale. We’re here to help Chilean and Singaporean professionals seize this opportunity and achieve their U.S. career goals with elite legal support.