Chicago Work Visa Attorneys

Securing Work Visas for Citizens of Chile or Singapore

Chile

In 2003, the United States entered into a Free Trade Agreement with Chile. This agreement established certain employment based non-immigrant visa rights to citizens of Chile. The H-1B1 visa category allows citizens of Chile to be legally employed in the United States as H-1B1 non-immigrants if they meet the qualifications to be employed in a professional position.

Eligibility and Visa Requirements for Citizens of Chile

• Sponsored Employee must prove Chilean citizenship.
• Sponsored Employee must demonstrate that he/she will perform a profession or occupation in a “specialty occupation.” The term “specialty occupation” is defined in the same manner as that for H-1B professionals – i.e., the position must require theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree or its equivalent.
• Sponsored Employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for issuance of H-1B1 visa.

The US employer must file a Labor Condition Application (“LCA”) with the USDOL as a requirement for sponsoring an individual for an H-1B1 visa.

Authorization Period, Extensions, and Restrictions

• Sponsored Employees who are granted H-1B1 visas will initially be allowed to stay in the U.S. for up to one year. This period of work authorization may be renewed in one-year increments. H-1B1 visas are “indefinitely renewable”.
• Individuals who are within the United State in H-1B1 status may file applications with CIS to extend their H-1B1 visa status for an additional one-year period of time.
• The Application for the H-1B1 visa will be made at an American Consulate located in Chile after the USDOL approves The US employer’s LCA.
• Number of H-1B1 Visas for Chilean Citizens:
• Under the Free Trade Agreement with Chile, no more than 1,400 H-1B1 visas may be issued each fiscal year to citizens of Chile.

Non-Immigrant Intent Requirement:

As a limitation to the “indefinitely renewable” nature of the H-1B1 visa, the new law retains the traditional “non-immigrant intent” requirements of the immigration and nationality act. This means that if it is determined that the H-1B1 non-immigrant (sponsored employee) intends to obtain permanent residence status (green card) the H-1B1 visa will be denied.

Singapore

In 2003, the United States entered into a Free Trade Agreement with Singapore. This agreement established certain employment based non-immigrant visa rights to citizens of Singapore. The H-1B1 visa category allows citizens of Singapore to be legally employed in the United States as H-1B1 non-immigrants if they meet the qualifications to be employed in a professional position

Eligibility and Visa Requirements for Citizens of Singapore

• Sponsored Employee must prove Singapore citizenship.
• Sponsored Employee must demonstrate that he/she will perform a profession or occupation in a “specialty occupation.” The term “specialty occupation” is defined in the same manner as that for H-1B professionals – i.e., the position must require theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree or its equivalent.
• Sponsored Employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for issuance of H-1B1 visa.

The US employer must file a Labor Condition Application (“LCA”) with the USDOL as a requirement for sponsoring an individual for an H-1B1 visa.

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Authorization Period, Extensions, and Restrictions

• Sponsored Employees who are granted H-1B1 visas will initially be allowed to stay in the U.S. for up to one year. This period is renewable in one-year increments.
• H-1B1 visas are “indefinitely renewable.”
• Under the Free Trade Agreement, no more than 5,400 H-1B1 visas may be issued each fiscal year to citizens of Singapore.
• Individuals who are within the United State in H-1B1 status may file applications with CIS to extend their H-1B1 visa status for an additional one-year period of time.
• The Application for the H-1B1 visa will be made at an American Consulate located in Singapore.

Non-Immigrant Intent Requirement

As a limitation to the “indefinitely renewable” nature of the H-1B1 visa, the new law retains the traditional “non-immigrant intent” requirements of the immigration and nationality act. This means that if it is determined that the H-1B1 non-immigrant intends to obtain permanent residence status (green card) the H-1B1 visa will be denied.

We have represented major corporations, but extend our services to all U.S. employers. Our attorneys possess full knowledge of the Free Trade Agreements, consular processes, and regulatory requirements of U.S. agencies to expedite H-1B1 applications in a timely manner. Contact our Chicago office to discuss your particular needs. We respond promptly to all inquiries.