NonimmigrantEmployment-basedChile and Singapore onlyAnnual quotaNo dual intent

H-1B1 Free Trade Professional (Chile and Singapore)

For citizens of Chile and Singapore taking a U.S. job in a specialty occupation. Workers abroad apply straight to a consulate — no USCIS petition or H-1B lottery.

Last reviewed Oct 1, 2026Sources: DOL · U.S. Code · USCISReport an error

At a glance

Who can apply: Citizens of Chile or Singapore
Annual quota: 1,400 Chile · 5,400 Singapore
Period of admission: 1 year
Extensions: 1 year at a time, no set limit
Labor filing: Certified LCA from DOL
Visa fee: $205 (MRV)

Separate from the H-1B lottery. H-1B1 numbers are set aside from the 65,000 H-1B cap each year, but there is no registration or selection: an eligible worker abroad applies directly for an H-1B1 visa at a U.S. consulate with the employer’s certified labor attestation. Unused H-1B1 numbers become available for the next year’s regular H-1B cap.

Overview

The H-1B1 classification was created by the U.S. free trade agreements with Chile and Singapore, effective Jan. 1, 2004. It is for professionals in a specialty occupation — work that requires the application of specialized knowledge and a post-secondary degree of four or more years in the field, or its equivalent.

By statute, up to 1,400 Chilean and 5,400 Singaporean professionals may receive H-1B1 status each fiscal year. These 6,800 numbers count against the regular H-1B cap but are reserved for H-1B1 use. Before the worker applies, the employer must get a Labor Condition Application certified by the Department of Labor.

Unlike the H-1B, the H-1B1 is not a dual-intent classification: the worker must show at each application and extension that they do not intend to remain or work in the United States permanently.

Who qualifies

The worker must

Be a national of Chile or Singapore.
Have a job offer from a U.S. employer in a specialty occupation.
Hold a post-secondary degree requiring four or more years of study in the specialty, or its equivalent.
Intend to stay temporarily and not seek to remain permanently.

Degree alternatives allowed by the agreements

Chile only: agricultural managers and physical therapists may qualify through other education and experience.
Chile and Singapore: disaster relief claims adjusters, and certain management consultants with a degree in another field, may qualify with alternative evidence.

The employer must

Obtain a certified Labor Condition Application (Form ETA-9035/9035E) from the Department of Labor.
Pay at least the required wage stated in the LCA.

Duration & extensions

Initial admission	Up to 1 year
Extensions	In 1-year increments; the 2004 USCIS guidance says they may be extended an indefinite number of times
Condition	Each extension requires continued nonimmigrant intent; by statute, after every second extension the next one needs a newly certified labor attestation, and extensions for workers with 5 or more consecutive prior extensions count against the H-1B cap
Licensing	A professional license is not a condition of admission, but state licensing rules apply once working

Fees

Fees depend on where the worker is. Consular applicants pay the State Department visa fee; a change of status or extension in the U.S. uses Form I-129. USCIS amounts are from the fee schedule (Form G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Visa application (MRV) fee	$205	Worker	For H category visas at a consulate. A reciprocity issuance fee may apply depending on nationality.
Form I-129 filing fee (in the U.S. only)	$780	Employer	$730 online; $460 (paper or online) for small employers (25 or fewer full-time-equivalent employees) and nonprofits.
Asylum Program Fee (with I-129)	$600	Employer	$300 small employers; $0 nonprofits.
ACWIA training fee (with I-129)	$1,500 or $750	Employer	Applies to H-1B1 petitions unless the employer is exempt; $750 for employers with 25 or fewer full-time-equivalent employees.
Fraud Prevention and Detection Fee	$0	—	Not charged for Chile or Singapore H-1B1 petitions.
Pub. L. 114-113 (9-11) fee	$0	—	Does not apply to H-1B1 petitions.

Public Law 119-21 (July 4, 2025) created a Visa Integrity Fee of at least $250 on nonimmigrant visa issuance, but as of Oct. 1, 2026 it does not appear on the State Department’s visa fees page. The $100,000 H-1B proclamation is written for H-1B workers under INA §101(a)(15)(H)(i)(b), and its implementing guidance is in any case vacated by court order as of Oct. 1, 2026.

Processing time

LCA review (DOL): 7 working days; DOL reviews LCAs for completeness and obvious errors.
Earliest LCA filing: 6 months before start; LCAs cannot be submitted earlier than that.

Consular wait times vary by post. In-U.S. Form I-129 filings follow regular USCIS processing times; H-1B1 is not separately listed among the classifications on USCIS’s premium processing page.

Application steps

1
Job offer
A U.S. employer offers a specialty-occupation job to a Chilean or Singaporean national.
2
LCA certification
The employer files the LCA with the Department of Labor, indicating the H-1B1 classification.
3
Visa application
The worker completes Form DS-160, pays the visa fee and generally interviews at a U.S. embassy or consulate with the job offer letter, degree evidence and certified LCA. H-1B1 is not petition-based; the U.S. embassies in Chile and Singapore publish the local procedures.
4
Admission
The worker is admitted in H-1B1 status for up to one year.
5
Extend or change status in the U.S.
For extensions or a change into H-1B1 from another status, the employer files Form I-129 with USCIS.

Required documents

From the employer

Job offer letter describing the duties, length of stay and pay
Certified Labor Condition Application
Form I-129 (only for in-U.S. extensions or changes of status)

From the worker

Chilean or Singaporean passport
Degree and transcripts, or evidence for one of the degree alternatives
Evidence of ties showing temporary intent

Dependents & family

Spouses and unmarried children under 21 may accompany or join the worker in H-4 status. H-4 dependents may not work; the H-4 employment authorization rules apply only to spouses of certain H-1B workers.

Path to a green card

H-1B1 does not allow dual intent, so starting a green card process can conflict with the requirement to show temporary intent at the next extension or visa application.

People planning to immigrate often move to a dual-intent classification such as H-1B, or pursue an immigrant petition timed with that in mind. Individual advice from a qualified attorney is the usual route.

H-1B

Specialty occupation worker

The general version, open to all nationalities; dual intent.

E-3

Australian specialty workers

A comparable treaty-based route for Australians.

USMCA professionals

Treaty work status for Canadians and Mexicans.

E-2

Treaty investor

Chile and Singapore are also E treaty countries.

Common questions

Do H-1B1 applicants enter the H-1B lottery?

No. Up to 1,400 Chilean and 5,400 Singaporean professionals a year can get H-1B1 status without registration or selection. The worker applies directly at a consulate with a certified LCA.

Can an H-1B1 worker apply for a green card?

There is no dual-intent protection, so the worker must show temporary intent at every extension and visa application. Pursuing permanent residence can make that difficult.

How long can I stay?

Admission is for up to one year at a time, and extensions are granted in one-year increments for as long as the worker keeps qualifying and keeps nonimmigrant intent.

Does the $100,000 H-1B payment apply?

The proclamation is written for H-1B specialty-occupation workers, and the agency guidance implementing it was vacated by a court on June 8, 2026. It is not being collected as of Oct. 1, 2026.

Official sources

Recent changes

Sep 11, 2026
Proposal to end the 60-day grace period. Proposed rule to remove 8 CFR 214.1(l)(2), which gives H-1B1 and certain other workers up to 60 days after employment ends. Comments close Nov. 10, 2026; not final. Source ↗
Sep 9, 2026
New Form I-129 edition. USCIS published the 09/09/26 edition of Form I-129; only this edition is accepted from Nov. 9, 2026. Source ↗
Mar 27, 2026
Proposed higher prevailing wage levels. Proposed rule to recompute the four OEWS wage levels used for LCAs, including H-1B1 LCAs. Comments closed May 26, 2026; not yet final. Source ↗
Jul 4, 2025
Visa Integrity Fee enacted. Public Law 119-21 requires a fee of at least $250 at issuance of any nonimmigrant visa, with possible reimbursement for compliant visa holders. Source ↗
Apr 1, 2024
New USCIS fee schedule. Form I-129 fee for H-1B1 set at $780 ($460 small employers/nonprofits) and the Asylum Program Fee added. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.