H-1B1 Visa
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Key Forms & Process – No Lottery Required
The H-1B1 process is significantly simpler than the standard H-1B. Step 1: Your U.S. employer files a Labor Condition Application (LCA / Form ETA-9035) with the U.S. Department of Labor, certifying that you will be paid the prevailing wage and that working conditions will not adversely affect U.S. workers . The LCA typically processes within 7 business days . Step 2: Unlike the H-1B, there is no I-129 petition required for H-1B1 applicants. Instead, you apply directly at a U.S. consulate in Chile or Singapore with your certified LCA, job offer, and supporting documents . Step 3: You complete Form DS-160 (Online Nonimmigrant Visa Application), pay the visa fee, and attend a consular interview. Upon approval, you receive an H-1B1 visa and can enter the U.S. to begin work.
What We Handle at ZubaidaLaw
Our legal advocates manage the entire H-1B1 process: determining if your position qualifies as a specialty occupation, filing the LCA (ETA-9035) with the DOL, preparing your consular application package, notarizing educational credentials (degrees, transcripts, professional licenses), and advising on renewals (unlimited one-year extensions). We also handle H-4 dependent visas for your spouse and unmarried children under 21, who may accompany you to the U.S. However, unlike H-1B, the H-1B1 is NOT a dual-intent visa – you must demonstrate that you have no intention of abandoning your foreign residence . If you plan to pursue a green card, we advise transitioning to H-1B status (subject to the lottery) or another immigrant pathway.
Call us at 865-382-2900 to determine if you qualify for the H-1B1 visa and to begin your expedited application.
It's a non-immigrant work visa available exclusively to nationals of Chile and Singapore under free trade agreements with the United States. It allows professionals to work in the U.S. in specialty occupations .
| Feature | H-1B1 | H-1B |
|---|---|---|
| Eligible nationalities | Chile & Singapore only | All countries |
| Annual cap | 1,400 (Chile) + 5,400 (Singapore) | 65,000 + 20,000 (master's cap) |
| Lottery required? | No – apply directly | Yes (most cases) |
| I-129 petition required? | No – apply at consulate | Yes |
| Initial validity | 1 year | 3 years |
| Maximum stay | Indefinite (1-year renewals) | 6 years (extensions possible with I-140) |
| Dual intent (green card path)? | No | Yes |
No. The H-1B1 visa is not subject to the annual H-1B lottery. You can apply directly at a U.S. consulate with a certified LCA and job offer .
Form ETA-9035 filed with the Department of Labor. Your employer certifies that: (1) you will be paid at least the prevailing wage, (2) working conditions won't harm U.S. workers, and (3) there is no strike/lockout at the worksite . The LCA is required for both H-1B1 and H-1B.
Initial period: 1 year
Renewals: Unlimited one-year extensions (no six-year maximum like H-1B)
You must re-apply for renewal each year.
Yes. Your spouse and unmarried children under 21 receive H-4 dependent status. However, H-4 spouses of H-1B1 holders are not eligible for work authorization (unlike H-4 spouses of H-1B holders who have started the green card process) .
Not directly. The H-1B1 is not a dual-intent visa – you must demonstrate non-immigrant intent (i.e., that you will return to your home country when your visa expires) . If you plan to pursue a green card, options include:
Transition to H-1B status (must enter and win the lottery)
Pursue an employment-based green card (EB-1, EB-2, EB-3) through your employer, but you may need to maintain H-1B1 status during the process
Yes, but it's not automatic. You must:
Have your employer register you in the H-1B lottery (typically in March)
If selected, file a new Form I-129 petition with USCIS
You cannot work under H-1B status until the petition is approved
H-1B1 petitioners enjoy certain fee exemptions compared to H-1B:
No Fraud Prevention and Detection Fee (required for H-1B)
No Public Law 114-113 Fee ($4,000 for certain large employers)
ACWIA fee: Required (same as H-1B) – $1,500 for employers with 25+ employees, $750 for smaller employers
Asylum Program Fee: $600 (for employers with 25+ employees) or $300 (for smaller employers)
Yes. We provide full notarization services for academic degrees, transcripts, professional licenses, work experience letters, and certified translations of foreign-language documents for your H-1B1 consular application.
