Professionals: Special Rules for H-1B1 Free Trade Visas

H-1B1 Free Trade visa are authorized only for citizens of Singapore and Chile based upon the Free Trade Agreements signed with the United States. Qualifications for H-1B1 visas are interpreted as being identical to those for H-1B visas.

Unlike H-1B visa applicants, individuals applying for H-1B1 visas need not obtain a Form I-797, Approval Notice from the USCIS prior to H-1B1 visa application. H-1B1 applicants may apply for their visas directly at a U.S. consulate or embassy after certification of a Labor Condition Application (LCA) by the U.S. Department of Labor, similar to H-1B petitions. If a person is already in the United States in a different legal status, the individual may apply to change status to H-1B1 with the USCIS.

Admission in H-1B1 status is limited to one year, but may be extended in one year increments. Extensions are not limited to six years like H-1B status. However, a new LCA is required after each two years of H-1B1 status.

There is a limit of 5,400 H-1B1 visas for Singaporeans and 1,400 for Chileans each U.S. government fiscal year.

H-1B1 applicants must show no intention of abandoning their residence abroad and becoming a U.S. lawful permanent resident.