The H-1B1 visa is similar to the H-1B and is for persons in “specialty occupations.” This new category was created by the U.S.-Chile Free Trade Agreement and the U.S.-Singapore Free Trade Agreement.
In order to qualify for H-1B1 classification, the applicant must have theoretical and practical application of specialized knowledge and must have at least a U.S. bachelor’s degree or its equivalent AND the job sought must require at least a bachelor’s degree or its equivalent. Because this is not a self-petitioning category, the applicant must have a sponsoring employer in the U.S.
The spouse and unmarried children below the age of 21 of an H-1B1 worker are allowed to accompany this individual as H-4 dependents. However, they cannot work unless they qualify for a work visa. H-4 dependents, however, can enroll and attend schools in the U.S. without obtaining a student visa.
Because the H-1B1 visa requires a U.S. sponsor, the applicant must obtain a written offer of employment from a U.S. employer. Unlike the H-1B visa, there is no need for the employer to file an I-129 Petition with the USCIS in the U.S. However, like the H-1B, a prevailing wage needs to be obtained and a Labor Condition Attestation (LCA) needs to be filed.
Both the applicant and the employer are required to submit documents for the H-1B1 visa. The applicant is required to submit the following documents when applying for an H-1B1 visa abroad:
- A completed visa application (Form DS-156) with one recent photograph, 1 inches square (37mm x 37mm), of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering.
- The DS-157 Supplemental Nonimmigrant Visa Application is required of all men aged 16-45.
- A passport valid for travel to the U.S. for at least six months longer than your intended visit.
- Proof of nonimmigrant intent.
The employer needs to provide the following:
- Copy of the certified LCA.
- A written offer of employment.