H-1B1 Free Trade Agreement Professional (Chile/Singapore)
A specialty-occupation work visa created by the US free trade agreements with Chile and Singapore. It functions much like H-1B for citizens of those two countries, but with its own annual country-specific set-asides, no dual intent, and (for first-time issuance abroad) no USCIS petition at all - it is applied for directly at the consulate.
- Duration
- 1 year initial period of employment. May be extended twice, each in 1-year increments; further extensions beyond that require filing a new Labor Condition Application. There is no fixed lifetime maximum comparable to H-1B's 6-year cap, but each extension is only 1 year and each requires a fresh LCA.
- Extensions
- Filed via Form I-129 with USCIS if extending status while in the US, or by returning to the consulate for visa renewal; each extension requires a newly certified LCA once the first two 1-year renewals are used.
- Work
- Employer- and job-specific, tied to the petitioning/sponsoring US employer and the specific specialty occupation named in the LCA and (if applicable) the I-129. AC21 portability provisions that apply to H-1B do not clearly extend to H-1B1; a new employer generally requires a fresh LCA and, if the worker is in the US, a new I-129.
- Dual intent
- no - H-1B1 holders must maintain nonimmigrant intent and demonstrate ties to their home country; unlike H-1B, pursuing permanent residence is not accommodated within the classification itself
- Dependents
- Spouse and unmarried children under 21 may accompany in H-4 status. H-4 dependents of H-1B1 principals are not eligible for the H-4 EAD program (that is limited to certain H-4 spouses of H-1B principals under AC21/I-140 provisions).
- Path to a green card
- Not a dual-intent classification, so it does not itself support pursuing a green card the way H-1B does. Workers who want to immigrate permanently generally must change to H-1B status (or another dual-intent category) first, which can trigger the ACWIA fee.
- Processing time
- Consular processing time varies by post (weeks to a couple of months, subject to interview-appointment availability); USCIS I-129 processing (when used) follows normal H-1B service center timelines, and premium processing is available.
- Annual cap and waiting lines
- 1,400 principals for Chile and 5,400 for Singapore per fiscal year, set aside from within the overall H-1B cap pool (unused H-1B1 numbers roll into the general H-1B pool for the following year)
Who qualifies
- Must be a national of Chile or Singapore
- Job must be a specialty occupation requiring a bachelor's degree or higher, or equivalent, in the specific specialty
- Beneficiary must hold that bachelor's degree (US or equivalent foreign degree) or equivalent experience/license in the specialty
- Must intend to depart the US at the end of authorized stay - H-1B1 does not carry the dual-intent allowance that H-1B has
Requirements
- Certified Labor Condition Application from DOL, same as H-1B
- For an initial visa obtained abroad: application filed directly with the US Embassy in Chile or Singapore - this is not a petition-based visa and does not require Form I-129 or USCIS adjudication
- For a change of status to H-1B1 (or extension) from within the US: Form I-129 filed with USCIS is required
- No electronic registration/lottery - H-1B1 is not subject to the H-1B cap-season registration process
How to apply
- 1
Employer obtains a DOL-certified Labor Condition Application
- 2
If applying from Chile or Singapore: worker applies directly at the US Embassy with the certified LCA and supporting evidence - no USCIS petition needed
- 3
If already in the US and changing status: employer files Form I-129 with USCIS along with the certified LCA
- 4
Approved worker is admitted in H-1B1 classification for up to 1 year
Fees and forms
| MRV visa application fee (consular, non-petition route) | $185 (non-petition-based nonimmigrant visa fee bucket, since H-1B1 is not petition-based when applied for directly at post) |
| I-129 base filing fee (only if filed with USCIS for change of status/extension) | $780 (or $460 for small employers/nonprofits) - same fee bucket as H-1B on the USCIS fee schedule |
| ACWIA fee | Not required for the initial consular H-1B1 process; required if changing status from H-1B to H-1B1, or later from H-1B1 to H-1B for the first time, via Form I-129 |
| Fraud Prevention and Detection Fee | Not required for H-1B1 petitions (explicit USCIS exception) |
| Public Law 114-113 fee ("9-11 Biometric Fee") | Not required for H-1B1 petitions (explicit USCIS exception) |
| Asylum Program Fee | $600 / $300 / $0, applies if filed via Form I-129 with USCIS (applies to all I-129 classifications) |
Form ETA-9035/9035E (Labor Condition Application)Form I-129 (only if filing with USCIS for change of status or extension while in the US)DS-160 (nonimmigrant visa application, for consular processing)
What changed in 2025 and 2026
- 2025-09-02 / updated 2025-10-01: State Department's narrowed interview-waiver policy applies to H-1B1 consular applicants like other H-category nonimmigrants, generally requiring an in-person interview
- 2025-12-16 (effective 2026-01-01): Expanded travel ban proclamation bars nationals of certain fully-suspended countries from any nonimmigrant visa including H-1B1; not directly relevant to Chile/Singapore nationals unless dual nationality with a listed country is involved
Where it goes wrong
- Confusing H-1B1 with H-1B: H-1B1 has no dual intent, no lottery, and (initially) no USCIS petition at all - filing an unnecessary I-129 for a first-time consular case wastes time and money
- Running out the two 1-year renewal increments without realizing a brand-new LCA is required for further extensions
- Assuming AC21 portability (available to H-1B workers changing employers) applies the same way to H-1B1 - it is not clearly established and a new LCA/filing is the safer assumption
- Overlooking that pursuing a green card while on H-1B1 status can jeopardize the required nonimmigrant intent
Also in temporary worker
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