H-1B1 Visa Lawyer
The H-1B1 visa offers Chilean and Singaporean professionals a faster, lottery-free alternative to the highly competitive H-1B visa program. This specialized visa category provides an expedited path for companies to hire qualified professionals from these countries.
If you’re seeking to hire a foreign worker from one of these countries for a specialty occupation, our experienced H-1B1 visa lawyers are here to guide you through the H-1B1 process and secure the talent they need to drive innovation and growth.
Our attorneys will work with you to assess your hiring needs, evaluate your candidates’ qualifications, and develop a tailored strategy that positions your H-1B1 petition for success. From preparing and filing your labor condition application to advocating for your case with immigration agencies, we’ll be your trusted partners at every stage of the process.
What is an H-1B1 Visa, and How Is It Different from an H-1B?
The H-1B1 visa is a nonimmigrant visa category specifically designed for nationals of Chile and Singapore who are coming to the United States to work in a specialty occupation. This visa category was created under the U.S.-Chile and U.S.-Singapore Free Trade Agreements and has many similarities to the standard H-1B visa.
To qualify for an H-1B1 visa, the employee must:
- Be a national of Chile or Singapore
- Have a job offer from a U.S. employer for a position that qualifies as a specialty occupation—generally, that requires applying knowledge typically obtained by earning a bachelor’s degree or higher in the same or a related field
- Possess the required degree or its equivalent for the specialty occupation
Benefits of the H-1B1 Visa
A few main features distinguish the H-1B1 visa from its better-known cousin, the H-1B:
- Not lottery-based: The number of H-1B1 visas available each year consistently exceeds the number of applicants without participating in a competitive annual visa lottery.
- Can apply year-round: The absence of an annual lottery also means that H-1B1 applications can be filed year-round.
- Fast-track application process: H-1B1 applications are filed directly at the U.S. embassy or consulate in the applicant’s home country without the need to secure USCIS approval beforehand. This makes applying much faster and cheaper.
- Unlimited renewals: Unlike H-1B visa, which generally can be extended for a maximum of 6 years, H-1B1s do not “max out” and can be renewed indefinitely.
- Shorter validity: But unlike H-1B visas, which are generally issued in 3-year increments, H-1B1 visas are issued for only 1 year at a time, an inconvenience that employers and applicants should keep in mind.
- Nationality requirement: H-1B1 visas are limited to nationals of Chile and Singapore.
The H-1B1 Visa Application Process
The H-1B1 visa application process involves several steps:
- Determine eligibility: Our H-1B1 visa lawyers will assess your employee’s qualifications and the offered position to ensure they meet the H-1B1 visa requirements.
- File a Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor, attesting to the payment of the prevailing wage and the maintenance of working conditions for the H-1B1 employee.
- Prepare and submit the H-1B1 application: Once the LCA is approved, the employee can apply for an H-1B1 visa directly at a U.S. embassy or consulate in their home country. If the employee is already in the United States in lawful visa status, they can also file a petition with USCIS to change to or extend H-1B1 status without traveling abroad. Importantly, though, unlike with most other visa categories, securing USCIS approval does not entitle applicants to receive a visa at the embassy or consulate.
- Enter the U.S.: Upon visa approval, the employee can enter the United States and begin working for your organization.
Our knowledgeable H-1B1 visa lawyers will guide you through each step of the process, ensuring that your petition is well-documented, compliant, and persuasive.
How Our H-1B1 Visa Lawyers Can Help
At De Wit Immigration Law, we provide comprehensive H-1B1 visa services designed to help your organization secure the international talent you need to succeed. Our services include:
- Eligibility assessment: We’ll evaluate your employee’s qualifications and the offered position to determine H-1B1 visa eligibility.
- LCA and petition preparation: Our attorneys will prepare and file the required Labor Condition Application and Form I-129 petition, ensuring all requirements are met.
- Case monitoring and updates: We’ll closely monitor your case, providing regular updates and promptly addressing any Requests for Evidence (RFEs) or other USCIS inquiries.
- Employee support: We’ll provide guidance and support to your employee throughout the visa application process, including preparation for visa interviews.
- Ongoing compliance guidance: We’ll help your organization maintain compliance with H-1B1 visa regulations, including wage requirements and recordkeeping obligations.
Why Choose De Wit Immigration Law
When you choose De Wit Immigration Law for your H-1B1 visa needs, you benefit from:
★ Experience: Our attorneys have deep knowledge of H-1B1 visa requirements and stay up-to-date on the latest changes in immigration law and policy.
★ Customized strategies: We take the time to understand your organization’s unique talent needs and develop customized immigration strategies to help you achieve your goals.
★ Responsive service: We pride ourselves on providing prompt, responsive service, and keeping you informed at every stage of the process.
★ Commitment to your success: We’re passionate about helping your organization succeed and will work tirelessly to help you secure the international talent you need.
If you’re seeking to hire talent from Chile or Singapore, don’t navigate the complex H-1B1 visa process alone. Contact De Wit Immigration Law today to schedule a consultation with one of our experienced H-1B1 visa lawyers. We’re here to help you build the skilled workforce you need to thrive.
Bring Top Talent from Chile and Singapore to Your Team with De Wit Immigration Law
If you’re ready to tap into the skilled talent pool of Chile and Singapore to drive your business forward, De Wit Immigration Law in Miami is here to help. With our extensive experience, personalized approach, and commitment to your success, you can trust us to guide you through the H-1B1 visa process with confidence and clarity.
Don’t let the intricacies of the H-1B1 program stand between you and the skilled professionals your business needs to succeed. Contact us today to schedule a consultation with one of our knowledgeable H-1B1 visa lawyers and take the first step toward building the international team you need to thrive.
Frequently Asked Questions
The H-1B1 visa process can typically be completed in a matter of weeks or months, depending on the complexity of the case, interview availability at the consular post abroad, and whether the H-1B1 request will be filed with USCIS or at a consular post abroad. Because H-1B1 visas are not subject to an annual cap, petitions can be filed year-round, which can make them faster to obtain than cap-subject H-1B visas.
An H-1B1 visa is initially valid for up to 18 months, with the possibility of extending in increments of up to 12 months. There is no maximum limit on the total duration of stay for an H-1B1 visa holder as long as they continue to meet the requirements of the program.
Yes, an H-1B1 visa holder may be eligible to apply for permanent residency in the United States through various employment-based immigration programs, such as the EB-2 or EB-3 visa categories. It is important to plan this strategy with an experienced immigration attorney to reduce the risk of jeopardizing H-1B1 eligibility through the green card process. Our attorneys can help you assess your options and develop a long-term immigration strategy that meets your goals.
If an H-1B1 visa holder loses their job, they may be able to change employers or transfer their visa to a new employer if they find a new job in a specialty occupation. If they are unable to find a new job within a reasonable period of time, they may need to leave the United States. Our attorneys can help you navigate any challenges that may arise and ensure compliance with immigration regulations.
Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.
Navigate Complex Immigration Laws Without The Headache Or Stress
The U.S. immigration process is complicated enough. We are here to help you identify clear, creative, and effective immigration solutions and guide you through every step of the process.
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I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.