H-1B1 Visa 2026: The US Work Visa for Singapore & Chile Nationals With No Lottery

The H-1B1 is a specialty occupation work visa created under two US Free Trade Agreements — the US-Singapore FTA (USSFTA, in force since 2004) and the US-Chile FTA (USCFTA, in force since 2003). It functions similarly to the H-1B: you need a bachelor's degree in a specialty field, a qualifying employer, and a job that requires that degree. The critical difference is structural — no lottery, no annual cap crisis, no registration window.

Annual numerical allocations are 5,400 visas for Singapore nationals and 1,400 for Chile nationals. These caps have never been reached. In a typical year, fewer than 500 Singapore nationals and fewer than 100 Chile nationals use H-1B1 visas. For qualifying candidates, it is effectively an open pipeline to US work authorisation.

Who Qualifies for the H-1B1?

Eligibility is narrow by design. The H-1B1 is not a path for nationals of other countries — it is exclusively for citizens of Singapore and Chile. The core requirements:

• Citizenship: You must be a citizen of Singapore or Chile. Permanent residency in either country does not qualify — citizenship is required.
• Specialty occupation:The job must require at minimum a US bachelor's degree (or equivalent) in a directly related specialty field. Software engineering, data science, finance, accounting, architecture, and most professional and technical roles qualify. The same definition applies as for H-1B.
• Qualifying degree:You must hold a bachelor's degree or higher (or its equivalent through combination of education and work experience) in the specialty field of the position. Foreign degrees require credential evaluation.
• US employer: A US-based employer must agree to sponsor your petition, pay the prevailing wage, and file Form I-129 with USCIS. The employer submits a Labor Condition Application (LCA) to the Department of Labor before filing.

Salary Requirements: The Prevailing Wage Explained

There is no single minimum salary for H-1B1. Instead, the employer must pay the “prevailing wage” — the wage paid to similarly employed workers in the occupation in the area of intended employment. This is determined by the Department of Labor's Foreign Labor Certification Data Center using OES wage data.

In practice, prevailing wages for common H-1B1 occupations in major tech hubs run as follows (approximate 2026 figures for Level I / Level II, which map to entry-level and experienced):

How to Apply: The H-1B1 Process Step by Step

• Step 1 — Employer obtains LCA: Before filing with USCIS, the employer submits a Labor Condition Application to the Department of Labor. The LCA confirms the job is a specialty occupation and that the employer will pay the prevailing wage. Standard LCA processing takes 7 business days.
• Step 2 — Employer files Form I-129: The employer (or their immigration attorney) files the H-1B1 petition with USCIS, including the LCA, your educational credentials, employment offer letter, and supporting evidence that the role qualifies as a specialty occupation. Standard processing: 3–6 months. Premium processing (Form I-907): 15 business days for an additional $2,805 fee (2026 rate).
• Step 3 — Apply for H-1B1 visa stamp at US consulate: Unlike H-1B, where your status begins on the I-797 approval date, H-1B1 requires a physical visa stamp in your passport for each entry to the United States. After USCIS approves the petition, you schedule a consular interview at a US Embassy in Singapore or Chile (or wherever you are located). Interview waiver may be available if you have held a US visa before.
• Step 4 — Enter the US and begin work: Upon admission, US Customs and Border Protection grants H-1B1 status for 18 months. Your I-94 record documents your period of authorised stay.
• Step 5 — Annual renewal: H-1B1 extensions are granted in 1-year increments, not the 3-year periods that H-1B allows. Your employer must file a new I-129 petition before your current status expires each year. Timely filing (before expiry) maintains your work authorisation during processing.

H-1B1 Limitations You Need to Know

The no-lottery advantage is real. But H-1B1 has structural limitations that H-1B does not. Anyone planning a long-term US career should understand these upfront:

• No dual intent: H-1B has dual intent — holders can pursue a green card while maintaining H-1B status without contradicting their non-immigrant visa status. H-1B1 formally lacks this protection. Applying for a green card while on H-1B1 is technically at odds with the non-immigrant intent requirement of the visa. Most practitioners navigate this by switching to H-1B (via lottery) before an I-485 adjustment of status, or by using consular processing from outside the US.
• Visa stamp required per trip: H-1B status remains valid between trips even with an expired visa stamp, as long as status has not expired. H-1B1 requires a valid visa stamp for every entry. If your stamp expires, you must get a new stamp at a US consulate before returning — which means an international trip and a consular appointment each year.
• Annual renewal burden:1-year extensions mean annual employer filings. If your employer forgets, delays, or you change jobs close to the expiry date, you face a gap in status. H-1B's 3-year periods provide significantly more buffer.
• No H-4 EAD for spouses: Spouses of H-1B holders with an approved I-140 can apply for Employment Authorization Documents (EAD) under H-4 status. Spouses of H-1B1 holders do not have this option — they can accompany you to the US on H-4 status but cannot work unless they have independent work authorisation.

From H-1B1 to a Green Card: Your Options

H-1B1 is designed as a non-immigrant visa, which makes the green card path more complicated than from H-1B. Practitioners generally recommend one of three approaches:

• Switch to H-1B via lottery: Register in the annual H-1B lottery while on H-1B1 status. H-1B has dual intent, so once you have H-1B status, your employer can file an I-140 immigrant petition and begin the PERM labor certification process cleanly. This is the most common approach for Singapore and Chile nationals building long-term US careers.
• O-1A extraordinary ability: If your profile is strong — published research, significant industry recognition, leadership at high-impact companies — the O-1A visa does not require a lottery and carries cleaner dual intent. It requires demonstrating extraordinary ability in your field, which sets a higher bar but is genuinely achievable for senior engineers, researchers, and exceptional professionals.
• Consular processing with I-140: Some practitioners advise filing the I-140 (immigrant petition) while on H-1B1, getting it approved, then applying for an immigrant visa (DS-260) at a US consulate from abroad rather than adjusting status within the US. This sidesteps the dual intent issue by processing abroad. Complex and requires timing the priority date carefully.

H-1B1 Dependents: What Spouses and Children Can Do

Spouses and unmarried children under 21 of H-1B1 holders can accompany to the US on H-4 dependent status. H-4 status allows them to live in the US and study, but does not grant work authorisation. This is a meaningful difference from H-1B households where spouses with approved I-140s can obtain H-4 EAD work permits.

If your spouse wants to work in the US, they will need independent work authorisation — their own work visa (L-1, TN, O-1, E-3, another H-1B1 if they also hold Singapore/Chile citizenship and have a qualifying offer), or through an employment-based green card application of their own.

Frequently Asked Questions