H1B1 Visa Category : Viable Option for Nationals of Chile and Singapore
Posted Feb 09, 2007
©MurthyDotCom
Often overlooked and underutilized, the H1B1 nonimmigrant visa category was created after President George W. Bush signed into law certain Free Trade Agreements (FTAs) with Chile and Singapore on September 3, 2003. Both FTAs, as well as the H1B1 nonimmigrant visa category, became effective on January 1, 2004. The H1B1 provides a potential alternative to the H1B for foreign nationals from the countries of Chile and Singapore.
©MurthyDotCom
H1B1 Quota for Chile and Singapore
©MurthyDotCom
The H1B1 category has numerical limits that are carved out of the available 65,000 H1B cap. That is, the H1B cap is reduced by the numbers available for the H1B1 for nationals of Chile and Singapore. Specifically, 1,400 H1B1 visa numbers are available for Chileans, while 5,400 are set aside for Singaporean nationals. Despite the relatively low numbers, this category has not been used to its full potential so far.
©MurthyDotCom
Eligibility Criteria / Qualifications for H1B1
©MurthyDotCom
The H1B1 category is for a person in a "specialty occupation" who requires the theoretical and practical application of a body of specialized knowledge and the attainment of a bachelor’s degree or higher in the specific specialty, or its equivalent, as a minimum for entry into the occupation. Therefore, the requirements are identical to those of the regular H1B category. Additionally, the H1B1 nonimmigrant classification is available to certain professionals who may not possess post-secondary degrees or the equivalent, but who will engage in the profession of Agricultural Managers or Physical Therapists (for Chilean nationals only); or Disaster Relief Claims Adjusters or Management Consultants (for both Chilean and Singaporean nationals).
©MurthyDotCom
Pros and Cons of H1B1 and H1B
©MurthyDotCom
Similar to the TN visa for Canadian and Mexican citizens, one advantage of the H1B1 category is that H1B1 beneficiaries do not need to first obtain approval of the H1B1 Petition from the United States Citizenship and Immigration Services (USCIS). Consequently, H1B1s can apply directly for their visas at a United States consulate.
©MurthyDotCom
The H1B1 visa category shares the same disadvantages of the TN category, in that H1B1 visas are only valid in one-year increments and do not provide certain protections available to H1B and L-1 holders under the doctrine of dual intent. This means that H1B1 beneficiaries may not pursue permanent residence in the United States while in H1B1 status. The availability of this category, however, does not preclude Singaporean and Chilean nationals from applying for regular H1B status once they are ready to process for permanent residence. As regular MurthyDotCom and MurthyBulletin readers know, one who is in H1B and L-1 status enjoys dual intent benefits, allowing that individual to seek permanent resident status while maintaining the H1B or L-1 status.
©MurthyDotCom
Conclusion
©MurthyDotCom
The H1B1 visa category should not be overlooked, as it may prove to be a valid alternative to recruit qualified professionals after the regular H1B cap has been reached. Unless Congress increases the quota, it has been predicted that this year, in Fiscal Year 2008, the regular H1B cap could be reached on or shortly after the very first business day H1Bs will reach the USCIS; which will be April 2, 2007. Employers unable to locate workers within the U.S. may wish to consider making efforts to recruit from Chile or Singapore, in light of the availability of the H1B1.