The H-1B and H-1B1 visas sound almost identical, but they are not interchangeable. For citizens of Chile and Singapore, understanding the differences can be important when deciding how to pursue professional employment in the United States.
An H1B1 visa lawyer can help determine which category may make the most sense based on the worker’s nationality, long-term plans, employment, and immigration history.
Who Qualifies?
The standard H-1B category is available to qualifying foreign professionals regardless of nationality.
The H-1B1 category, by contrast, was created through U.S. free trade agreements with Chile and Singapore and is available to qualifying citizens of those two countries.
Both categories are commonly used for specialty occupations requiring specialized professional knowledge.
The Application Process Is Different
The traditional H-1B process generally involves a U.S. employer filing a petition with USCIS before the employee can obtain H-1B classification.
For an H-1B1 professional applying from outside the United States, an approved USCIS petition is generally not required before the worker applies for the visa at a U.S. consulate.
This distinction can make the H-1B1 process attractive to qualifying professionals and employers.
What About the H-1B Lottery?
Many private employers seeking new cap-subject H-1B workers must navigate the annual H-1B cap process.
H-1B1 visas have their own numerical allocations under the free trade agreements rather than relying on the standard H-1B numerical allocation in the same way.
For an eligible Chilean or Singaporean professional, this can make H-1B1 worth investigating as an alternative.
Dual Intent Is a Major Difference
One of the most important differences concerns immigration intent.
H-1B is generally considered a dual-intent classification. H-1B1 does not contain the same statutory dual-intent provision.
Someone considering permanent residence in the United States should therefore carefully evaluate how those plans could affect an H-1B1 strategy.
Which Visa Should You Choose?
There is no universal answer.
An applicant who wants to begin temporary professional employment may find H-1B1 particularly attractive. Someone whose circumstances involve a longer-term immigration strategy may have additional considerations.
An H1B1 Visa Lawyer can compare the available options before an employer or employee commits to a particular immigration strategy.
Choosing the right category at the beginning can sometimes prevent much larger immigration problems later.
