Updated November 12, 2026

H-1B1 visa requirements for Chile and Singapore: caps, LCA, filing paths, and stays

To qualify for an H-1B1 visa, you must be a national of Chile or Singapore with a US specialty occupation job offer requiring specialized knowledge and at least a bachelor's degree or its equivalent. Before you apply through the State Department or USCIS, your employer must obtain a certified Labor Condition Application (Form ETA-9035E) from the Department of Labor. Federal law sets aside up to 6,800 H-1B1 visas each fiscal year from the regular H-1B cap (1,400 for Chile and 5,400 for Singapore), according to USCIS and the Department of Labor.

Who qualifies for the H-1B1 visa: nationality, job, and degree

The H-1B1 classification was created under legislation implementing the US-Chile and US-Singapore free trade agreements. Its statutory and regulatory basis sits under Immigration and Nationality Act sections 101(a)(15)(H)(i)(b1), 212(n) and (t), and 214(g), plus 20 CFR Part 655 Subparts H and I. Only nationals of Chile and Singapore qualify as principal H-1B1 workers, and unlike the broader H-1B category (which also covers H-1B2 Department of Defense researchers and H-1B3 fashion models), USCIS limits H-1B1 to free trade specialty occupation workers.

Both agencies set two requirements for a specialty occupation. The position must require the theoretical and practical application of a body of highly specialized knowledge. It must also require a bachelor's or higher degree in a directly related specific specialty (or its equivalent) as a minimum for entry in the United States. Directly related means there is a logical connection between the required degree and the job duties. Qualifying fields include engineering, computer programming, medicine and health, physical therapy, education, architecture, mathematics, biotechnology, accounting, law, physical and social sciences, theology, the arts, and business specialties.

Under USCIS specialty occupation rules, both the offered position and your personal credentials must qualify.

• Position standard (meet at least one): a US bachelor's or higher degree in a directly related specialty is normally the minimum entry requirement for the occupation. You also meet this rule if that degree is normally required in parallel roles across similar organizations in the industry, or by your employer (or a third party where you are staffed). Or the specific duties may be so specialized, complex, or unique that the required knowledge is normally associated with that degree.
• Degree or experience standard (meet at least one): hold the required US bachelor's or higher degree from an accredited college or university, or hold an equivalent foreign degree. You can also qualify with an unrestricted state license, registration, or certification authorizing full practice in your work state. Otherwise, you need education, specialized training, and progressively responsible experience equivalent to the degree, plus recognized expertise in the specialty.
• Pending diploma or state license: if you completed all degree requirements but await your diploma, USCIS accepts a final transcript or a letter from the registrar (or educational records custodian). If your occupation requires a state or local license in the state of employment, you generally must hold that license before petition approval.

H-1B1 annual cap for Chile and Singapore vs the H-1B lottery

Congress set the annual regular H-1B cap at 65,000, plus 20,000 cap-exempt petitions for beneficiaries holding a US master's or higher degree. Up to 6,800 visas are carved out of that 65,000 regular cap each fiscal year for the H-1B1 program: 1,400 for nationals of Chile and 5,400 for nationals of Singapore.

By our calculation from USCIS's H-1B cap figures, setting aside all 6,800 H-1B1 slots leaves 58,200 regular-cap H-1B numbers before rollovers. Under USCIS cap rules, unused H-1B1 visas become available for the next fiscal year's regular H-1B cap. Regular H-1B cap employers must enter the electronic registration selection pool (weighted 1 to 4 times across OEWS wage levels I through IV starting in fiscal year 2027), whereas H-1B1 filings skip that March lottery and proceed once the LCA is certified.

H-1B1 vs regular H-1B program rules from USCIS and the Department of Labor

Labor Condition Application (Form ETA-9035E): wages, notice, and FLAG filing

Before filing a petition with USCIS or applying for a visa through the State Department, your employer must submit and receive certification of a Labor Condition Application on Form ETA-9035E. Employers cannot submit the LCA more than 6 months before the employment start date, and the Department of Labor reviews submitted applications within 7 working days for completeness and obvious errors or inaccuracies.

Electronic filing on Form ETA-9035E in the Foreign Labor Application Gateway (FLAG) system is mandatory, with Appendix A used for additional worksites. Mailing a paper Form ETA-9035 is permitted only if the Administrator of the Office of Foreign Labor Certification in Washington, DC grants prior written permission due to physical disabilities or lack of internet access.

• Wage and benefits attestation: your employer must pay at least the higher of the actual wage paid to similarly experienced workers or the local prevailing wage (never below federal, state, or local minimums), offer fringe benefits on the same basis as US workers, and pay for employer-caused or license-related non-productive time. Employers are encouraged, though not required, to request a prevailing wage determination from the National Prevailing Wage Center on Form ETA-9141.
• Working conditions and labor disputes: your employment must not adversely affect similarly employed workers, no strike or lockout may be in progress in your occupation at the worksite, and the employer must notify the Employment and Training Administration within 3 days if a strike or lockout occurs later.
• 30-day worker notice and LCA copy: on or within 30 days before filing the LCA, your employer must notify the collective bargaining representative, or post notice for 10 days in at least two conspicuous locations at each worksite (or send electronic notice through normal employee channels), and must give you a copy of the certified LCA no later than when you report to work.

Consular visa processing vs Form I-129 in the US

Once Form ETA-9035E is certified, your filing path depends on your location. If you are outside the United States, employers with a certified LCA proceed to obtain the H-1B1 visa through the State Department without needing a prior USCIS Form I-129 petition approval. On USCIS's Form I-129 page, petitioners use Form I-129 to bring workers from abroad in categories such as H-1B, L-1, or O-1, whereas for treaty categories including E-1, E-2, E-3, H-1B1, and TN visa requirements, Form I-129 is used to request an in-country change of status or extension of stay.

When filing Form I-129 (edition 09/09/26) inside the United States, USCIS asks petitioners not to submit duplicate copies of the petition or supporting evidence. Your employer's package must include these items.

• Form I-129 with an original handwritten signature (or a photocopy, scan, or fax of the hand-signed original, never a typed, stamped, autopen, or pasted signature image).
• Part 6 controlled technology certification, the Trade Agreement Supplement, and the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement (starting on page 21).
• Signed, certified Form ETA-9035E matching the job and worksite without exceeding the worker count on Part B, Question 7.
• Educational credentials (with English translations if applicable) and evidence of a bona fide specialty occupation position as of the requested start date.
• Proof of valid status through the requested start date: valid passport, Form I-94 or Form I-797, plus SEVIS Form I-20 (current or former F-1 or F-2) or Form DS-2019 (current or former J-1 or J-2).
• Optional Form I-907 for premium processing, using the inflation-adjusted fee schedule effective March 1, 2026.

Period of stay, 1-year extensions, and job changes

Under Department of Labor H-1B1 rules, the initial period of employment is 1 year. Extensions may be obtained twice, and only in 1-year increments. Further extensions beyond those two renewals require filing a new Labor Condition Application. That covers 3 years of employment before a new LCA is required.

Before your Form I-94 period of stay expires, one of three things must happen: your employer files a Form I-129 extension request, you apply for another qualifying immigration benefit, or you depart the United States. If you travel abroad with an approved Form I-129, carry your valid passport, visa, and Form I-797 approval notice to present to Customs and Border Protection.

Plan employer changes around full approval rather than filing day. In Fact Sheet #62X, the Department of Labor states that H-1B portability provisions do not apply to H-1B1 nonimmigrants, so filing a new petition does not grant immediate work authorization. In line with H-1B visa fee rules, your employer must pay all work-related expenses, must not allow you to pay USCIS petition filing fees, fraud prevention and detection fees, or early cessation penalties (distinct from bona fide state-law liquidated damages), and must notify USCIS if employment ends or a new LCA is required.

Step-by-step H-1B1 preparation checklist

Our team built this six-step timeline from the Department of Labor and USCIS deadlines above, working backward from your start date.

• Up to 6 months before start date: confirm your job duties, SOC code, worksite, and required wage (plus any optional Form ETA-9141 request), and wait until the 6-month window opens to submit the LCA.
• Within 30 days before LCA filing: give notice to the bargaining representative, or post hard-copy notice for 10 days in two conspicuous locations at each worksite (or send electronic notice) including the Wage and Hour Division complaint statement.
• LCA filing day and the next working day: submit Form ETA-9035E electronically in FLAG and make the public inspection file available at the US principal place of business or worksite within 1 working day.
• Within 7 working days: receive Department of Labor certification in FLAG, print and sign Form ETA-9035E, and organize diplomas, transcripts, translations, and any required state license.
• Consular interview or USCIS filing: apply for your H-1B1 visa through the State Department at a US embassy or consulate abroad, or file Form I-129 with its H-1B1 supplements if changing or extending status inside the US.
• First day of work: receive your personal copy of the certified LCA no later than when you report to work, verify your Form I-94 expiration date after admission, and calendar your 1-year renewal window.

How to prepare for the H-1B1 consular interview

At a US embassy or consulate abroad, the consular officer evaluates your application, certified Form ETA-9035E, employer job offer, and spoken answers. Core qualification checks overlap with H-1B visa interview questions, paired with your Chilean or Singaporean nationality and 1-year temporary employment grant. Prepare direct facts and originals across four areas.

• Specialty occupation duties and degree connection: explain your daily work plainly and how it links to your bachelor's or higher degree, keeping your diploma, transcripts, translations, and any required state license ready.
• Employer, worksite, and salary: state what your company does, which city you will work in, and your annual pay so every detail matches Form ETA-9035E.
• Temporary assignment period: state your planned start date and explain your assignment clearly within the 1-year H-1B1 employment period.
• Prior US stays: know exact entry and departure dates from any previous F-1, J-1, or visitor trips so your answers align with your records.

Bringing your spouse and children on H-4 status

Your legal spouse and unmarried children under 21 years of age qualify for H-4 dependent classification. Family members outside the United States apply directly for an H-4 visa at a US consulate, unless exempt.

Dependents already inside the United States file Form I-539 to change status to H-4 or extend an existing H-4 stay. Packaging Form I-539 together with your employer's Form I-129 at the same time and filing location lets USCIS review your family's application right after your petition, and each dependent must extend status, seek another benefit, or depart before their own Form I-94 expires.

Employer public files, payroll records, and penalties

The Department of Labor's Wage and Hour Division enforces H-1B1 labor rules, as detailed in the Employment Law Guide. Within 1 working day after submitting the LCA, your employer must make a public inspection file available at its US principal place of business or the worksite, keeping it for 1 year beyond the LCA employment period. That file holds the certified LCA, wage rate paid, actual and prevailing wage methodology, proof of worker notice, and a summary of employee benefits.

Employers must also retain complete payroll records (pay rates, pay period totals, additions or deductions, benefit offers, and daily and weekly hours if non-salaried) for H-1B1 and similarly employed workers for 3 years, and may never retaliate against workers who report violations or cooperate with investigations. Violations can result in back wages, civil money penalties, and debarment from immigrant and nonimmigrant programs for 1 to 3 years.

Practice example

What will you do in this role, and how does your university degree qualify you for a specialty occupation?

Start by naming your exact job title, your sponsoring US employer, and the city where you will work so your opening matches your certified Form ETA-9035E. Next, describe two or three core duties in plain English that show how the role applies specialized theoretical and practical knowledge. Connect those duties directly to the major on your bachelor's or higher degree, or explain the education, specialized training, and progressively responsible experience that establishes degree equivalency. If your occupation requires a state license in your work state, confirm that you hold it. Keep your certified LCA, signed job offer letter, and university diploma and transcripts (with English translations if needed) organized in your folder in case the officer asks to inspect them.

The consular officer is checking both that the US position qualifies as a specialty occupation and that your degree or equivalent background directly relates to its duties. Matching your title, worksite, and duties to the certified Form ETA-9035E confirms consistency across your employer's filing and your interview answers.

Related guides

• TN visa requirements
• H-1B visa fee rules
• H-1B visa interview questions

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.