H1B1 Visa Guide: Requirements, Process, & How to Apply

The H-1B1 visa gives Chilean and Singaporean professionals a direct path to working in U.S. specialty occupations, without the H-1B lottery. The annual cap of 6,800 visas has never been fully used, which means selection is virtually guaranteed for qualified applicants.

This guide covers eligibility, the application process, fees, processing times, and how the H-1B1 compares to the H-1B.

What is the H1B1 visa?

The H-1B1 is a specialty occupation work visa available only to citizens of Chile and Singapore, offering faster processing time and no annual lottery. It falls under the broader H-1B visa category but operates with significantly different rules.

The annual cap is 6,800 visas:

• 1,400 for Chilean nationals
• 5,400 for Singaporean nationals

Any unused H-1B1 visa numbers roll into the general H-1B cap the following fiscal year. Because neither country's allocation has ever been fully used, there is no competitive lottery. If you meet the requirements, you may have a good chance of getting the visa.

The most significant difference from the H-1B visa is how you apply. For initial entry through a U.S. consulate, the H-1B1 does not require the employer to file a Form I-129 petition with USCIS. The employer files a Labor Condition Application (LCA) with the Department of Labor, and the worker applies directly at the embassy with the certified LCA. This eliminates the USCIS petition step entirely.

There is one major trade-off: the H-1B1 does not permit dual intent.

Unlike the H-1B, where you can openly pursue permanent residence while maintaining your visa status, the H-1B1 requires you to demonstrate nonimmigrant intent at each consular interview.

H1B1 visa requirements

Worker eligibility

You must be a citizen of Chile or Singapore. Permanent residents of these countries do not qualify - citizenship is required.

The position must be a specialty occupation, meaning it requires at least a bachelor's degree (or equivalent) in a specific field directly related to the job duties. Your degree must match the role. A computer science degree for a software engineering position qualifies. A general business degree for a specialized data analytics role may not, depending on the specific curriculum and job requirements.

You also need to demonstrate nonimmigrant intent at every consular interview. This means showing evidence that you maintain a residence abroad and intend to depart the United States when your authorized stay ends.

Evidence of nonimmigrant intent can include:

• Property ownership or a lease in your home country
• Family ties
• Bank accounts
• Other connections that demonstrate you have not abandoned your foreign residence.

Employer requirements (H1B1 visa sponsorship)

The employer must have a legitimate employer-employee relationship with the H-1B1 worker. Self-employment and independent contractor arrangements do not qualify.

Before the worker can apply for the visa, the employer must file a Labor Condition Application (LCA) with the Department of Labor. The LCA must be annotated as either "H-1B1-Chile" or "H-1B1-Singapore" to distinguish it from a standard H-1B LCA. The LCA certifies that the employer will pay at least the prevailing wage for the occupation in the area of employment and that hiring the H-1B1 worker will not adversely affect the working conditions of similarly employed U.S. workers.

For initial consular processing, that's the extent of the employer's filing obligation. No I-129 petition is required.

However, the employer must file Form I-129 with USCIS in three situations:

1. Change of status (if the worker is already in the U.S. on a different visa)

2. Extension of stay, or

3. Change of employer while the worker remains in the United States

H1B1 visa process: step by step

Route 1: Consular processing (most common)

This is the standard path and the one most H-1B1 applicants use. It is faster, cheaper, and does not require a USCIS petition.

Step 1: Employer files the LCA. The employer submits the Labor Condition Application to the Department of Labor, annotated for H-1B1-Chile or H-1B1-Singapore. LCA certification takes approximately 7 business days.

Step 2: Worker schedules a consular interview. Once the LCA is certified, the worker schedules a visa interview at the U.S. Embassy in their home country. Singaporean nationals must apply at the U.S. Embassy in Singapore. Chilean nationals must apply at the U.S. Embassy in Santiago. You cannot apply at a consulate in a third country.

Step 3: Attend the interview with required documents. Bring the certified LCA, a letter of employment from the sponsoring employer (detailing your role, salary, and qualifications), your degree and any credential evaluations, and evidence of nonimmigrant intent (ties to your home country).

Step 4: Visa issued. If approved, the visa is placed in your passport. Enter the United States and begin work with the sponsoring employer.

Route 2: Change of status (if already in the U.S.)

If you are already in the United States on a different visa status (such as F-1 or another work visa), you can change to H-1B1 status without leaving the country.

Step 1: Employer files the LCA with the Department of Labor, same as the consular route.

Step 2: Employer files Form I-129 with USCIS, requesting a change of status to H-1B1.

Step 3: Wait for USCIS approval. Standard processing times vary. Premium processing is available for $2,965 (effective March 1, 2026), which guarantees a response within 15 business days.

Step 4: Begin work on H-1B1 status once the I-129 is approved and the new status takes effect.

One critical detail about this route: the I-129 approval (Form I-797) allows you to work in the U.S., but it is not a visa. If you leave the United States, you must return to your home country consulate (Singapore or Santiago) to obtain the actual visa stamp in your passport before re-entering. At that point, the consular officer will assess nonimmigrant intent, just as with a first-time applicant.

H1B1 visa fees and costs

One of the H-1B1's biggest advantages over the H-1B is cost. Through the consular route, total fees are $455 ($205 visa application fee plus the $250 Visa Integrity Fee introduced in October 2025).

For the consular route, the employer's total cost is $0 in government fees. The only filing is the LCA, which has no fee. The worker pays $455 total ($205 MRV application fee plus the $250 Visa Integrity Fee). Compare this to the H-1B, where employer fees alone can reach $10,000 or more when factoring in I-129 fees, ACWIA fees, fraud prevention fees, and the asylum program fee for large employers.

For the change of status route, costs increase because the I-129 petition triggers USCIS filing fees. Even so, the H-1B1 remains cheaper because it is exempt from the ACWIA training fee ($750 or $1,500) and the fraud prevention fee ($500) that apply to standard H-1B petitions.

The $100,000 fee: does it apply to H1B1?

In September 2025, a Presidential Proclamation imposed a $100,000 fee on certain H-1B petitions. Whether this fee applies to H-1B1 petitions is currently unclear.

The proclamation's language references "H-1B" petitions. As of March 2026, USCIS has not published guidance specifically addressing whether the H-1B1 subcategory is included. The U.S. Embassy in Singapore posted on social media that the fee does not apply to H-1B1 visas, but that isn't formal agency guidance.

For the consular route, the $100,000 fee almost certainly doesn't apply because no I-129 petition is filed with USCIS, and the fee is collected as part of the petition process. For change of status applications that do involve an I-129, the answer remains ambiguous.

H1B1 visa processing time

The H-1B1 doesn't involve a lottery, which eliminates months of waiting that H-1B applicants experience. Here is what each stage looks like:

For the consular route, the entire process from LCA filing to visa in hand can take as little as 2 to 4 weeks, though embassy appointment availability is the biggest variable. The elimination of interview waivers in October 2025 may increase wait times at some consulates, particularly during peak periods.

For the change of status route, USCIS processing times for I-129 petitions fluctuate. Check the USCIS processing times page for current estimates. Premium processing ($2,965) guarantees a response within 15 business days and is available for H-1B1 I-129 petitions.

H1B1 vs H-1B: key differences

If you are a Chilean or Singaporean national with both options available, the differences between the H-1B1 visa and H-1B visa are significant.

The H-1B1's main advantages are no lottery, lower costs, and no maximum duration. The H-1B's main advantage is dual intent, which matters significantly if you plan to pursue permanent residence.

Some Chilean and Singaporean nationals start on the H-1B1 for its speed and simplicity, then switch to the H-1B when they are ready to begin the green card process. This approach lets you enter the U.S. workforce quickly on the H-1B1 while preserving the dual intent protection of the H-1B for when you need it. Switching to the H-1B requires going through the H-1B lottery (unless your employer is cap-exempt), so the wage-weighted lottery system introduced in 2026 is worth understanding.

H1B1 visa renewal and extensions

Your H-1B1 visa may be issued for up to 18 months, but CBP typically grants an initial admission of one year on your I-94. After that, you can extend in one-year increments with no upper limit. There is no six-year cap like the H-1B, which is a significant long-term advantage.

Each extension requires a valid LCA. The initial LCA is valid for up to 3 years, and renewal LCAs are valid for 2 years. When your LCA expires, your employer must file a new one before you can extend.

For renewal through the consular route, you travel to your home country (Singapore or Chile) and apply at the U.S. Embassy for a new visa stamp. The consular officer will reassess nonimmigrant intent at each renewal interview.

For renewal through USCIS (staying in the U.S.), your employer files a Form I-129 extension petition. Standard processing times vary, and premium processing is available. Keep in mind that if you later leave the U.S. and need to re-enter, you will need to visit your home country consulate for a new visa stamp regardless.

H1B1 dependent visa (H-4)

Spouses and unmarried children under 21 of H-1B1 visa holders are eligible for H-4 dependent status. The same H-4 rules that apply to H-1B dependents apply to H-1B1 dependents.

H-4 dependents can live in the United States and attend school, but they cannot work without employment authorization. H-4 employment authorization (H-4 EAD) is available if the H-1B1 principal beneficiary has an approved I-140 immigrant petition. This is the same eligibility standard that applies to H-4 spouses of H-1B workers.

The tension here mirrors the broader nonimmigrant intent issue: filing an I-140 is part of the green card process, which signals immigrant intent. If you are on H-1B1 status and your spouse needs work authorization, you may need to weigh the benefit of an H-4 EAD against the risk of demonstrating immigrant intent at your next consular interview.

H1B1 visa to green card

This is where the H-1B1 gets a bit complicated. The visa explicitly does not allow dual intent, but the path to permanent residence requires demonstrating immigrant intent. These two things are in direct tension.

Here is what the law actually says: under the Foreign Affairs Manual (9 FAM 402.10-5), a future intent to immigrate that is "not connected to the proposed immediate trip" is not grounds for visa denial.

In other words, a consular officer cannot refuse your H-1B1 simply because you have a pending green card application, as long as you can show that you intend to depart the U.S. at the end of your current authorized stay if the green card has not been approved.

In practice, this is a fine line. Filing an I-140 petition or starting the PERM labor certification process creates a paper trail of immigrant intent. A consular officer who sees this may question whether you truly intend to return home.

Three common strategies:

1. Stay in the U.S. while the green card processes. Extend your H-1B1 through I-129 filings with USCIS, avoiding consular interviews where nonimmigrant intent is assessed. This works as long as you do not need to travel internationally.
2. Switch to H-1B before starting the green card process. The H-1B allows dual intent, so you can pursue permanent residence without the nonimmigrant intent conflict. The trade-off is that switching to H-1B requires going through the cap and lottery (unless your employer is cap-exempt).
3. File the I-140 and prepare for the consular interview. Some applicants proceed with the green card process while on H-1B1 status and bring strong evidence of ties to their home country to the renewal interview. This carries more risk but can work, particularly if the green card is in early stages.

The most common green card paths for H-1B1 holders are EB-2 and EB-3 employer-sponsored categories. One detail that catches some applicants off guard: green card priority dates and country quotas are based on country of birth, not citizenship. A Singaporean citizen who was born in India would be subject to the India backlog, not Singapore's (which has no significant backlog).

H1B1 visa new rules for 2025-2026

Several recent policy changes affect H-1B1 applicants directly or indirectly:

October 2025: Interview waivers eliminated. The State Department ended interview waiver (dropbox) processing for most nonimmigrant visa categories, including H-1B1. Every applicant, including renewals, must now attend an in-person consular interview. This adds time and travel costs for renewals that previously qualified for dropbox processing.

September 2025: $100,000 proclamation fee. A Presidential Proclamation imposed a $100,000 fee on certain H-1B petitions. As discussed in the fees section, its applicability to the H-1B1 remains unclear. The fee is collected at the I-129 petition stage, so consular-route H-1B1 applicants are likely unaffected.

March 2026: Premium processing fee increase. USCIS is increasing the premium processing fee from $2,805 to $2,965, effective March 1, 2026. This affects H-1B1 applicants who file I-129 petitions and opt for premium processing.

February 2026: Wage-weighted H-1B lottery. USCIS implemented a wage-weighted selection system for the H-1B cap lottery. This does not directly affect H-1B1 applicants (since the H-1B1 has no lottery), but it matters for anyone considering a switch from H-1B1 to H-1B. Higher-wage positions now have better odds in the H-1B lottery.

Pending: DOL prevailing wage rulemaking. The Department of Labor has proposed changes to prevailing wage level calculations. If finalized, this would affect the wage requirements on H-1B1 LCAs, potentially increasing the minimum salary employers must offer.

When to consider an H-1B instead

The H-1B1 is not always the better choice, even for Chilean and Singaporean nationals who qualify. Consider the H-1B in these situations:

You plan to pursue a green card. The H-1B's dual intent provision means you can file for permanent residence without the nonimmigrant intent conflict that complicates H-1B1 renewals.

Your employer is cap-exempt. Universities, nonprofit research organizations, and government research organizations are exempt from the H-1B cap and lottery. If your employer falls into one of these categories, the H-1B's main disadvantage (the lottery) disappears, and you get dual intent as a bonus.

You want to avoid demonstrating nonimmigrant intent at every renewal. If you have limited ties to your home country (no property, no family, no intent to return), the H-1B1's nonimmigrant intent requirement at every consular interview becomes a recurring risk.

You want longer visa validity periods. The H-1B visa can be issued for up to 3 years at a time, compared to up to 18 months for the H-1B1 (with a typical I-94 admission of one year). For applicants who value fewer renewal cycles, the H-1B offers longer intervals between applications.

Frequently asked questions