H-1B1

FTA Specialty Occupation
Work Visa

The H-1B1 is a specialty occupation work visa created by the US–Chile and US–Singapore Free Trade Agreements. It covers the same range of degree-required professional roles as the H-1B but operates without a lottery — visas are issued first-come, first-served within an annual cap of 6,800 — and is available exclusively to Chilean and Singaporean nationals.

Automate H-1B1 workflows
Quick facts
FormI-129 + LCA (ETA-9035)
Eligible nationalsChile, Singapore
Annual cap6,800 (1,400 Chile + 5,400 Singapore)
LotteryNone — first-come, first-served
Initial period1 year (renewable annually)
Dual intentNo (cannot pursue green card simultaneously)
Premium processingNot available

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H-1B1 case workflow

Astrea coordinates LCA and I-129 filing timelines, tracks annual renewal deadlines, and manages employer transition workflows across your H-1B1 caseload — so nothing falls through the cracks.

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What is the H-1B1 visa?

The H-1B1 is a nonimmigrant specialty occupation visa established by the US–Chile Free Trade Agreement (2004) and the US–Singapore Free Trade Agreement (2004). It functions similarly to the H-1B — requiring a specialty occupation position and a certified Labor Condition Application — but with key structural differences: no annual lottery, 1-year validity periods, and the absence of dual intent. Only Chilean and Singaporean nationals may apply. Unused H-1B1 numbers are added to the general H-1B pool each year if not exhausted, so practical availability has generally been strong. See the official USCIS H-1B1 guidance for current requirements.

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Specialty Occupation
The position must require at least a bachelor's degree in a specific field directly related to the job duties — same standard as H-1B. The H-1B1 regulations also enumerate specific occupations that do not qualify: disaster relief workers, religious occupations, and news media roles. Most professional, technical, and scientific positions that qualify for H-1B will qualify for H-1B1.
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FTA Nationality Requirement
Applicants must be nationals (not merely residents) of Chile or Singapore. Dual nationals may qualify if one nationality is Chilean or Singaporean. The cap is split: 1,400 visas annually for Chilean nationals and 5,400 for Singaporean nationals. Historically, demand has not exhausted either sub-cap, meaning same-day or near-immediate availability has been the norm.
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No Dual Intent
Unlike H-1B, H-1B1 does not carry dual intent. Holders who simultaneously express or demonstrate immigrant intent risk denial of renewal or admission. Workers who wish to pursue a green card while in H-1B1 status typically transition to H-1B (which does carry dual intent) before filing an I-140 or beginning the PERM process.

How the H-1B1 process works

01
File Labor Condition Application (LCA) with DOL
Before filing I-129, the employer must obtain a certified LCA from the Department of Labor on Form ETA-9035, establishing the prevailing wage and attesting to working conditions. Standard processing takes approximately 7 business days. H-1B1 uses the same LCA process as H-1B — no separate form or designation is required.
02
File Form I-129 (no March registration required)
Unlike H-1B, H-1B1 has no annual lottery registration step. The employer files I-129 directly, attaching the certified LCA, specialty occupation evidence, and the applicant's degree credentials. There is no premium processing available for H-1B1 — standard adjudication applies. The application may be filed any time during the year.
03
Consular processing or change of status
Applicants abroad obtain an H-1B1 visa stamp at a US consulate (typically their home country). Applicants already in the US in a compatible nonimmigrant status may file for a change of status concurrently with the I-129. H-1B1 visa stamps may also be obtained in third countries where available.
04
Annual renewal
H-1B1 is granted in 1-year increments with no statutory maximum. The employer must file a new I-129 with a new certified LCA each year. Because there is no portability provision, renewal filings should be submitted well in advance of the expiration date to avoid a gap in authorized status or employment authorization.
05
Transition to H-1B for green card path
Workers who decide to pursue US permanent residency must first transition to H-1B status (which carries dual intent) before filing an I-140 or beginning the PERM process. The employer counts against the H-1B cap unless the worker was previously counted or qualifies for a cap exemption. Timing and priority date strategy are critical for Indian and Chinese nationals facing long waits.

H-1B1 FAQ

How is H-1B1 different from H-1B?

H-1B1 is available only to Chilean and Singaporean nationals, issued in 1-year increments (vs. 3 years for H-1B), has no annual lottery, and does not carry dual intent. There is also no premium processing option. In exchange, the absence of a lottery means far more predictable availability — historically, demand has rarely approached either sub-cap. See USCIS H-1B1 guidance.

What occupations qualify for H-1B1?

H-1B1 uses the same specialty occupation standard as H-1B — the position must require at least a bachelor's degree in a specific specialty directly related to job duties. Excluded occupations include disaster relief, religious occupations, and news media roles. Common qualifying fields: software engineering, finance, accounting, architecture, medicine, and engineering. USCIS scrutinizes whether the specific role genuinely requires degree-level specialized knowledge.

Can H-1B1 lead to a green card?

Not directly — H-1B1 does not carry dual intent. Workers who wish to pursue an employment-based green card while in H-1B1 status typically need to first transition to H-1B (by going through the lottery or via a cap-exempt employer). Once in H-1B status, they can file I-140 or begin PERM without risk to their nonimmigrant status.

Can H-1B1 holders change employers?

Yes, but H-1B portability does not extend to H-1B1. The new employer must file a new I-129 with a certified LCA before the worker can begin employment — there is no "portability upon filing" provision. Workers and employers should plan employer transitions carefully to avoid unauthorized employment, and should file the new petition as early as possible to minimize any gap.