The H-1B1 visa is a unique non-immigrant work visa specifically for citizens of Chile and Singapore, allowing them to work in the United States in specialty occupations. Unlike the traditional H-1B visa, the H-1B1 application process is simpler and often quicker, as it does not require a petition to be filed with USCIS beforehand. Here’s a detailed, step-by-step guide to help you navigate the process.
1. Confirm Your Eligibility
Before starting the application, ensure you meet the H-1B1 visa requirements:
- Citizenship:You must be a citizen of Chile or Singapore.
- Job Offer:You must have a job offer from a U.S. employer for a specialty occupation, typically requiring at least a bachelor’s degree or equivalent.
- Educational Qualifications:Your degree should match the field of the job being offered.
- Non-Immigrant Intent:You must demonstrate that you plan to return to your home country after your visa expires.
2. Secure a Job Offer
Find an employer in the U.S. willing to hire you and provide a job offer letter. The employer must:
- Confirm the job is in a specialty occupation.
- Agree to pay the prevailing wage for your role in the specific location.
- File a Labor Condition Application (LCA)with the U.S. Department of Labor (DOL).
3. Obtain an Approved Labor Condition Application (LCA)
Your employer must complete and submit an LCA (Form ETA-9035/9035E) to the Department of Labor.
- The LCA ensures that hiring you won’t negatively affect wages or working conditions for U.S. workers.
- Once approved, your employer will provide a certified LCA, which you will need for your visa application.
4. Gather Required Documents
Prepare the following documents for your H-1B1 visa application:
- Valid passport (with a minimum of six months’ validity).
- Job offer letter from your U.S. employer.
- Certified Labor Condition Application (LCA).
- Evidence of educational qualifications (e.g., degree certificates and transcripts).
- Proof of non-immigrant intent (e.g., property ownership, family ties in your home country).
- Visa application fee receipt.
5. Complete the DS-160 Form
Fill out the DS-160: Online Non-Immigrant Visa Application form.
- This form collects your personal, travel, and employment information.
- Once completed, save the confirmation page with the barcode. You will need this for your visa interview.
6. Pay the Visa Application Fee
Pay the non-refundable visa application fee. Keep the receipt as proof of payment, as it will be required during your interview. Fees may vary depending on the U.S. embassy or consulate where you apply.
7. Schedule a Visa Interview
Book an appointment for your visa interview at the nearest U.S. embassy or consulate in your home country. Be sure to schedule well in advance, as appointment slots can fill up quickly.
8. Attend the Visa Interview
During your interview, a consular officer will assess your eligibility for the H-1B1 visa.
- Be prepared to explain your job role, qualifications, and intent to return to your home country.
- Present all required documents, including your passport, job offer letter, LCA, and proof of qualifications.
9. Wait for Visa Processing
If approved, your visa will be processed, and your passport will be returned with the H-1B1 visa stamped. Consulting an experienced H1B1 Visa lawyer can help you understand the processing times and ensure all steps are completed correctly. Processing times vary, but it typically takes a few days to a few weeks.
10. Travel to the U.S.
Once you receive your H-1B1 visa, you can travel to the United States and start your job. At the port of entry, present the following documents to U.S. Customs and Border Protection (CBP):
- Passport with H-1B1 visa.
- Job offer letter.
- Certified LCA.
Additional Tips
- Start Early:Give yourself ample time to secure a job offer, complete paperwork, and attend the visa interview.
- Consult Experts:If you’re unsure about any part of the process, consider consulting an immigration attorney.
- Stay Compliant:Follow all visa regulations to avoid issues during renewals or extensions.
By following these steps, you can smoothly navigate the H-1B1 visa application process and seize new opportunities in the United States.