What are the main requirements for an H-1B1 visa (for Singaporeans)?

1. In order to be eligible for an H-1B1 visa (Singapore), you must be a citizen of Singapore.

2. The H-1B visa does not have different quotas for Singapore and India. That quota is different, of course, from the quota for the H-1B1 visa. Also, this is a separate issue from where you would obtain your visa stamp.

3. Regarding your 3-yr degree from Australia, you may be eligible for an H-1B1/H-1B provided that either: (a) your 3-yr degree from Australia is deemed to be the equivalent of a U.S. four year degree in the field of the job offer (a law firm would normally arrange with an expert to provide a foreign degree equivalency for this purpose); or (b) your 3-yr degree from Australia plus your work experience is deemed to be the equivalent of a U.S. four year degree in the field of the job offer (in which case a work equivalency evaluation should be filed with the petition).

In general, it is possible to obtain an H-1B for a Hospitality Management Position, provided that the job offered actually requires a Bachelor's Degree in Hospitality Management, and you have the requisite degree. So once you have such a degree, the key is finding the right job offer from the right U.S. employer who is willing to sponsor you for an H-1B.

In addition, since you have 12 years of Hotel work experience in Sales & Marketing dept, you may be able to obtain a work experience evaluation which could deem that you actually have the equivalent of a marketing degree together with your university credits, thereby, opening up many other types of marketing positions for you. A qualified U.S. Immigration lawyer would probably be able to put together such a case.

If you use premium processing, H-1Bs can currently be approved in 15 days, but the USCIS charges an extra $1,000 for premium processing. Otherewise, it normally takes a few months. However, the bigger program is whether the H-1B quota is all used up when you actually apply. If it is, then unless you find an exempt employer (e.g., nonprofits related to an institution of higher education, etc.), then if you are a citizen of Singapore, your best bet would probably be to apply for an H-1B1 instead of an H-1B.

>Am I still eligible for H-1B1 or H-1B since :
>a) my field of the study as an "interior design" ddi not match with the position indicated that it must be a >specialty occupation; that is, it must require theoretical and practical application of a body of specialized >knowledge, such as specialty occupations which are jobs in the fields of engineering, mathematics, physical >sciences, computer sciences, medicine and health care, education, biotechnology, etc ??

Depending on the nature of the job offered, it may be possible for a position in interior design to be considered a "specialty occupation".

>b) I had sat for my A-level in singapore in 1994, however I only got one passing grade and failed the rest, >therefore I did not got my full GCE A-level certificate. (I am 37 years old but I have 4 years of working >experiences in Singapore as an Interior Designer. Till present, I am upgrading my studies in France. Even >though I have got my degree of "Bachelor of Arts" received here in France, do I still meet the post-secondary >degree in the field of my specialization that could qualify me for the H-1B1 ??

In general, the adjudicators look to the Bachelor's degree, and not to earlier education to determine whether the individual qualifes for the specialty occupation.

Note also that the attorney preparing such a case would have to determine which of your qualifications are required to establish that you have the equivalent of a U.S. bachelor's degree, assuming that you have a suitable job offer.

It is much more difficult for someone who does not have a college degree to obtain some type of U.S. work visa than for someone who does possess a college degree, under current U.S. law.

There are generally two approaches (assuming that one does not have a spouse who qualifies for some type of visa which provides deriviative work authorization benefits). One approach is to establish the equivalency of a U.S. four year college degree, in order to qualify for a professional position. However, this normally requires showing 3 years of work experience for every 1 year of college" (the "3 for 1" formula). Moreover, the individual must demonstrate progressively responsible experience and a level of knowledge sufficient to show 'theoretical and practical application of a body of specialized knowledge.' Also, depending on the position, the individual may also have to show more than '3 for 1' if the industry standard for the position would require an advanced degree (i.e. law degree, masters degree, etc).

A second approach is to try for an H-2B type visa, which is for seasonal type positions.

Some individuals may also decide to obtain training, such as through a J visa.

However, it would be necessary to undertake a consultation with an attorney, in order to review all of the facts of your case, to determine whether there is any suitable visa.

Assuming that your Masters in Theatre, and possible bachelor's degree, is the equivalent of a post-secondary degree involving at least four years of study (i.e., the equivalent of a U.S. bachelor's degree), then you may meet the primary educational requirement for an H-1B1 for Singaporean citizens.

Normally, demonstrating non-immigrant intent for an H1B1 (Singaporean) is not as involved as demonstrating non-immigrant intent in some other types of visas for countries with high rates of abusing nonimmigrant visas--unless, the particular application is challenged. However, if a case presents special facts, such as where the applicant has recently become a Singaporean citizen and does not have any traditional ties to Singapore(e.g., relatives or property), then the nonimmigrant intent element could become a significant hurdle. An immigration attorney would really have to look into this issue on a case by case basis, in order to determine whether an H1B1 is really the best option; and if it is, to determine exactly how to make the best case that nonimmigrant intent has been satisfied.