H1B1 Visa (Chile)

If you are a Citizen of Chile, you may be able to qualify for the H-1B1 visa which is a kind of special "Chilean H-1B". Under current law, 1,400 H-1B1s are set aside each year for nationals of Chile, under the United States-Chile Free Trade Agreement. INA 214(g)(8)(A)(ii).

As of the writing of this note (October 19, 2007), H1B1 (for Chileans) is not one of the categories of immigration petitions/applications for which USCIS Premium Processing is available.

Yes.  Chileans are still eligible to apply for traditional H-1B visas.  Chileans are not required to apply for H-1B1 visas.

The H-1B1 is a special visa for citizens of Chile only. It is similar to an H-1B visa.

For admission into the United States in a specialty occupation, an individual must meet the academic and occupational requirements. While the requirements for classification as an H-1B include licensure, requirements for classification as an H-1B1 nonimmigrant professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.

An applicant for an H-1B1 visa (for Chileans) can NOT be self-employed or an independent contractor.

Yes. A national of Chile, currently admitted to the United States as a nonimmigrant in a category eligible to change nonimmigrant status, may apply to change to H-1B1 nonimmigrant status. Note that the applicant must be in the U.S. in a nonimmigrant category which is eligible to change nonimmigrant status, of course.

Yes. Extensions and renewals are allowed for H-1B1 visas.

Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

Under the general U.S. immigration rule, you must file an EXTENSION OF STAY application for a non-immigrant status (e.g., H-1B, O, L, etc.) BEFORE your original status expires. For example, if your H-1B status expires on November 29, 2006, then you must file your extension of stay application before November 29, 2006. What happens, however, if you fail to file your extension before your original status expires, or you otherwise fail to maintain the previously accorded status? Normally, this means that your extension of stay application will be DENIED. There is an exception however.

"Extension of Stay" refers to the process of extending a non-immigrant status, e.g., H-1B, L, O, etc. It really refers to the extension of the Form I-94, which states a foreign national's STATUS in the U.S. It should not be confused with extending a "visa".

The H-1B1 non-immigrant classification (for Chileans) is available to certain otherwise admissiblep persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of: (a) Agricultural Managers, (b) Physical Therapists, (c) Disaster Relief Claims Adjusters, (d) or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting a combination of specialized training and 3 years experience.

Yes.  The H-1B1 visa (for Chileans)  allows the principal applicant to live and work in the United States accompanied by his or her spouse and dependent children.

Note, however, that only spouses and children of H-1B1 work visa holders are eligible for derivative visas. Parents and other family members are NOT eligible for H4 visas.

H-1B1 visas can be valid for a maximum of 18 months. Extensions and renewals are allowed.

The H-1B1 visa (for Chileans) came about with implementation of the United States – Chile Free Trade Agreement on January 1, 2004. As a result of this agreement, Chilean nationals became eligible for the treaty-established visa known as the H-1B1 FTA Professional Visa [Free Trade Agreement (FTA) Professional Visa].

Yes.  H-1B1 visas (for Chileans) are multiple-entry.