H-1B1 Visa Lawyer: Simplifying Your Immigration Journey
We understand how complex and time-sensitive the H-1B1 visa process can be, especially for professionals from Chile and Singapore seeking employment opportunities in the United States. As a boutique immigration law firm based in Coral Gables, Florida, we take pride in offering a personalized, client-focused approach that large firms often can’t match. Our deep knowledge of immigration law and commitment to service make us a trusted partner for individuals and employers alike.
When you work with an experienced H-1B1 visa lawyer at The Law Office of Diaz & Nunez Elorza, you gain more than legal representation—you gain an advocate who will guide you through every step of the process with precision and care. We provide strategic solutions tailored to your goals, whether you’re navigating your first application or managing ongoing immigration compliance.
Contact us today to speak with a knowledgeable H-1B1 visa lawyer and take the next step toward your U.S. career.
What Is the H-1B1 Visa?
The H-1B1 visa is a nonimmigrant worker work visa specifically designed for Chilean and Singaporean citizens under the terms of free trade agreements with the United States. Through this visa, the U.S. offers a temporary work and residency option for professionals in specialized roles like IT, engineering, finance, and education, among many others.
Overview of the H-1B1 Visa
The H-1B1 visa facilitates professional exchange and is available only to citizens of Chile and Singapore. It allows an initial stay of up to 18 months with one-year extensions possible. Applicants need a job offer in a specialty occupation related to their degree, and employers must file a Labor Condition Application (LCA) with the Department of Labor. This streamlined process makes the H-1B1 visa attractive for professionals seeking quicker employment in the U.S.
Difference Between H-1B and H-1B1 Visas
While the H-1B1 and H-1B visas share similarities—such as being designed for specialty occupation workers—there are several key differences that applicants and employers should understand:
- H-1B1 and H-1B Visa Eligibility: The former is solely for citizens of Chile and Singapore, while the latter is available to qualified candidates of all nationalities.
- Visa Cap: The H-1B1 has a separate annual quota of 1,400 visas for Chile and 5,400 for Singapore, while the H-1B has a competitive cap of 65,000 plus 20,000 for advanced degree holders.
- Application Process: H-1B1 applicants can apply directly at a U.S. embassy or consulate, unlike H-1B applicants, who need USCIS petition approval first.
- Visa Intent: H-1B1 applicants must show intent to return to their home country post-employment, while the H-1B visa permits dual intent for those contemplating applying for permanent residence.
Understanding these differences is essential for choosing the right visa path based on your goals, timing, and long-term plans in the United States.
Who Qualifies for the H-1B1 Visa?
To qualify for an H-1B1 visa, foreign national applicants must meet specific criteria related to nationality, occupation, education, and employment. This visa category is tailored to highly skilled professionals from Chile and Singapore who have a legitimate job offer from a U.S. employer. While the process is streamlined compared to other visa types, each eligibility requirement must be met precisely to ensure approval.
The primary qualifications for the H-1B1 visa are listed below:
- Who Can Apply: The H-1B1 visa is limited to citizens of either Chile or Singapore. Dual nationals must present a valid passport from one of these two countries when applying.
- Specialty Occupation: The offered position must qualify as a “specialty occupation,” implying that it requires the application of a body of highly specialized knowledge, both theoretically and practically acquired. Common fields include engineering, IT, finance, mathematics, science, and education.
- Educational Credentials: Applicants must hold at least a bachelor’s degree or its equivalent in a field related to the offered position. A credential evaluation may be needed to establish U.S. equivalency in cases where foreign degrees are involved.
- Job Offer and LCA Requirement: Applicants must have a valid, written job offer from a U.S. employer. Moreover, the employer is obligated to file and secure a certified Labor Condition Application (LCA) from the U.S. Department of Labor. Department of Labor, confirming that the job meets wage and working condition standards.
Meeting all of these qualifications is essential for a successful H-1B1 visa application. A single oversight can lead to delays or denials, which is why working with an experienced H-1B1 visa lawyer can make all the difference.
Benefits of the H-1B1 Visa
The H-1B1 visa presents several attractive benefits for eligible professionals from Chile and Singapore who wish to work in the United States. Designed under special Free Trade Agreements, the H-1B1 visa streamlines the employment-based immigration process, making it a compelling alternative to the traditional H-1B visa petitions. From faster processing to greater flexibility, here are the key benefits that make the H-1B1 visa a strategic choice for both employees and employers.
No Lottery System Like H-1B
One major advantage of the H-1B1 visa is that it avoids the lottery system of the H-1B visa, allowing qualified professionals from Chile and Singapore to apply with more certainty and a higher likelihood of approval due to lower quotas.
Faster Processing Times
The H-1B1 visa process is faster than the H-1B, allowing applicants to apply directly at a U.S. consulate without prior USCIS petition approval. This efficiency helps professionals secure U.S. employment quickly, benefiting employers seeking timely hires.
Renewable Annually
The H-1B1 visa is granted for up to 18 months, renewable annually, offering long-term flexibility for professionals in the U.S. The period of employment for the H-1B1 visa is temporary, making it a nonimmigrant visa with no path to dual intent, allowing work without immediate permanent residency.
Visa Stamping Optional if Applying From the U.S.
For individuals in the U.S. under a valid status, the H-1B1 visa allows for a change of status without a consulate visa stamp, saving time and avoiding international travel for those transitioning to a specialty occupation.
Required Documents for an H-1B1 Visa Application
Applying for an H-1B1 visa requires a complete and well-documented application to demonstrate eligibility. To enhance your chances of smooth approval, prepare and organize the necessary relevant supporting documents in advance. Whether applying at a U.S. embassy abroad or changing status within the U.S., each document is crucial for verifying qualifications and compliance with visa requirements.
Here are some key documents you’ll need for an H-1B1 visa application:
- A valid passport that remains current for at least six months beyond your intended stay in the U.S., along with the DS-160 confirmation page and a recent passport-style photo for your visa appointment.
- A certified job offer letter from a U.S. employer that outlines your job title, duties, salary, and duration of employment, confirming the role qualifies as a specialty occupation.
- Proof of educational qualifications, such as diplomas, official transcripts, and any credential evaluations needed to demonstrate that your foreign degree is equivalent to a U.S. bachelor’s degree or higher.
- A U.S. Department of Labor-certified Labor Condition Application (LCA). Department of Labor, confirming that the employer will pay prevailing wages and provide acceptable working conditions for the position.
- Evidence of nonimmigrant intent, such as ties to your home country—property ownership, family connections, or a return ticket—to show you intend to return after your visa expires, as required under H-1B1 rules.
Submitting a well-prepared application with all necessary documentation not only improves your chances of approval but also helps prevent unnecessary delays or denials. For personalized guidance, working with an experienced H-1B1 visa lawyer can be a smart move to ensure every detail is handled properly.
How to Apply for an H-1B1 Visa?
Applying for an H-1B1 visa involves key steps that must be completed accurately for success. Whether you’re a professional from Chile or Singapore starting your U.S. career or a U.S. employer hiring international talent, understanding the process is essential. The H-1B1 application process is generally more streamlined than the traditional H-1B route.
This step-by-step guide will walk you through the H-1B1 application process.
Step 1 – Employer Files Labor Condition Application (LCA)
The process starts with your U.S. employer filing a Labor Condition Application (LCA) for the potential employee with the Department of Labor. This document ensures the position meets wage standards and won’t harm U.S. workers, forming the basis for your visa application.
Step 2 – Submit DS-160 and Pay Application Fees
After your LCA is certified, complete Form DS-160 and pay the visa fees. Keep the confirmation page for your interview, and ensure all information is accurate to avoid delays or complications in the process.
Step 3 – Schedule and Attend a Visa Interview (If Applying Abroad)
If applying from outside the U.S., schedule a visa interview at the nearest U.S. embassy or consulate. Bring your DS-160 confirmation page, passport, visa photo, certified job offer, LCA, and academic credentials. A consular officer will evaluate your eligibility and intent to return home after the visa interview.
Step 4 – Submit Documents and Await Approval
After your interview, or when applying for a change of status within the U.S., submit all supporting documents: your valid passport, job offer letter, degree documentation, LCA, and proof of nonimmigrant intent. Processing times vary, but most applicants receive a decision within weeks. You can track your application online.
Step 5 – Enter the U.S. and Begin Employment
Once your visa is approved, you can enter the U.S. and start your H-1B1 role. You may arrive up to 10 days before your employment start date to settle in. Remember to bring printed copies of your visa approval, job offer, and LCA for presentation at the port of entry.
Common Issues in H-1B1 Visa Applications
The H-1B1 visa process is more streamlined than the standard H-1B, but applicants may still encounter delays or obstacles. Recognizing common pitfalls can help you avoid mistakes and ensure a smoother application. Whether applying independently or with legal counsel, attention to detail is crucial for success.
Here are some of the most frequent issues applicants encounter during the H-1B1 visa process:
- Incomplete or weak job offer letters – Vague job descriptions, unclear salary information, or lack of proof for specialty occupation status can raise red flags with adjudicators, potentially leading to denials or requests for additional evidence.
- Incorrect or inconsistent Labor Condition Application (LCA) – Filing an LCA with mismatched job titles, wage levels, or employment locations can significantly complicate the visa application process. Any discrepancies between the LCA and the job offer may lead to delays or outright rejection.
- Failing to prove nonimmigrant intent – Applicants must show strong ties to their home country and a clear intention to return after their visa expires. Lack of supporting documentation—like property ownership, family obligations, or return travel plans—can be a deciding factor.
- Visa delays due to country-specific rules or processing backlogs – This is especially likely during peak seasons or sudden policy changes. Chilean and Singaporean applicants may face additional scrutiny based on local U.S. embassy or consulate guidelines.
Avoiding these common mistakes can dramatically improve your chances of approval. If you’re unsure whether your documents meet current requirements, consulting with an experienced H-1B1 visa lawyer can provide clarity and peace of mind.
Why Choose The Law Office of Diaz & Nuñez Elorza?
Securing an H-1B1 visa requires expert legal guidance. At The Law Office of Diaz & Nuñez Elorza, we combine years of immigration experience with personalized service to help professionals and employers navigate the process smoothly. Clients choose our boutique firm for our strategic thinking and commitment to delivering results.
Decades of Experience in Employment-Based Visas
We specialize in employment-based visas, including H-1B1, tailoring applications to meet USCIS and consular expectations for the best chances of approval.
Fast, Responsive Support for Employers and Workers
We provide clear, timely communication, understanding the urgency of visa timelines while ensuring accuracy every step of the way.
Based in Florida, Serving Clients Nationwide and Internationally
Serving clients across the U.S. and internationally from our Coral Gables office, we offer the ease of remote consultations and careful document preparation.
Trusted by Professionals From Chile, Singapore, and Beyond
We’ve successfully guided many professionals from treaty countries, earning trust through cultural understanding, expert counsel, and proven results.
How to Book a Consultation With Our Skilled H-1B1 Visa Lawyer
Booking a consultation with The Law Office of Diaz & Nuñez Elorza is simple and stress-free. Whether you’re an individual seeking an H-1B1 visa or an employer looking for reliable immigration support, our team is here to help. We offer virtual and in-person consultations tailored to your schedule, and we take the time to understand your goals before recommending the best legal strategy.
It’s easy to get in touch: just phone us or complete the contact form on our website. We’ll promptly connect you with a team member to confirm your appointment and gather any initial information we may need. From the first conversation, you’ll see why clients across the U.S. and internationally trust us with their immigration matters.
Call 305-831-3002 today to schedule your consultation and take the first step forward.
FAQs About H-1B1 Visa Lawyer
Can my husband/wife and children come with me to the U.S. if I have an H-1B1 visa?
Yes, your spouse and unmarried children under the age of 21, who are your family members, are eligible to join you by applying for H-4 dependent visas. Their authorized stay will bethe same as the validity of your H-1B1 status.
While I am in the U.S. on an H-1B1 visa, can my children attend school?
Certainly, children who hold H-4 visas are permitted to enroll in educational institutions in the U.S. without needing a separate student visa. This includes both public and private schools at the elementary and secondary levels.
If I hold an H-1B1 visa, is my spouse permitted to work in the U.S.?
No, under the regulations for the H-1B1 visa, spouses with H-4 status are not authorized to work in the U.S. While they are allowed to pursue studies, they must obtain independent contractor work authorization before engaging in any employment.
Is it possible to change from H-1B1 status to a different visa category or to apply for permanent resident status (a Green Card)?
Yes, transitioning to an H-1B visa or applying for permanent residency is allowed. However, applicants must meet all legal criteria, and such changes may affect the temporary intent requirement of the H-1B1 visa.
What is the maximum duration of my stay in the U.S. with an H-1B1 visa?
The initial period of validity is up to 18 months for H-1B1 visa holders. It can be extended in increments of one year, provided you continue to meet the eligibility requirements and maintain your qualifying employment with a U.S. employer.
What should I do if I want to change employers while holding an H-1B1 visa?
If you decide to accept a new job, your prospective employer is required to file a new LCA and provide you with a valid job offer. You must receive official approval before commencing employment with the new sponsoring company.
Trusted Guidance from Your Boutique H-1B1 Visa Lawyer
Whether you’re an employer seeking to sponsor foreign talent or a professional looking to secure your place in the U.S. workforce, The Law Office of Diaz & Nunez Elorza is here to guide you every step of the way.
With deep knowledge of the H-1B1 visa process and a commitment to exceptional client service, our immigration attorneys, including a dedicated visa attorney, are ready to help you succeed. Let our boutique firm provide the legal clarity and support you need, starting with a trusted H-1B1 visa lawyer by your side.
