H1B1 Visa for Chilean Citizens: How to Work Professionally in the United States
Chilean citizens offered professional employment in the United States may be eligible for the H-1B1 visa, a special employment category created under the United States-Chile Free Trade Agreement.
Although H-1B1 shares characteristics with the better-known H-1B visa, its procedures and requirements are different. Consulting an H1B1 visa lawyer can help employers and professionals understand those differences before beginning the process.
What Is an H-1B1 Specialty Occupation?
Most H-1B1 applicants must be coming to the United States to work in a specialty occupation.
Generally, this means work requiring specialized knowledge and professional-level education.
A bachelor’s degree or equivalent credentials in an appropriate field will commonly be central to demonstrating eligibility.
The Chile free trade agreement also contains special provisions affecting certain professional categories, making an individualized review particularly useful in cases involving less traditional occupations.
What Documents May Be Important?
Depending on the application, supporting evidence may include:
- A detailed employment letter
- A certified Labor Condition Application
- University degrees and transcripts
- Credential evaluations when appropriate
- A résumé or curriculum vitae
- Evidence concerning the U.S. employer
- Documentation explaining the professional position
- Evidence relevant to the applicant’s temporary intent
The appropriate evidence depends heavily on the particular job and applicant.
Does the Employer File an H-1B Petition First?
For a Chilean professional applying for an H-1B1 visa from outside the United States, the process generally differs from the traditional H-1B petition process.
The applicant can generally apply for the H-1B1 visa without the employer first obtaining approval of the standard H-1B petition from USCIS.
Different procedures may apply when someone already in the United States seeks a change or extension of status.
Speak With an H1B1 Visa Lawyer Before Applying
A strong application should clearly connect three things: the professional nature of the job, the educational requirements of the position, and the applicant’s qualifications.
An H1B1 Visa Lawyer can review these issues before the application reaches a consular officer or USCIS.
For a qualifying Chilean professional, the H-1B1 category can offer a practical route to temporary professional employment in the United States.
