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The H-1B1 visa type is a specific visa type for professionals from Chile and Singapore under free trade agreements, while the H-1B visa has a broader perspective; open to applicants from all countries for specialty occupations requiring at least a bachelor’s degree or equivalent.
What is an H-1B Visa?
The H-1B visa is a dual intent nonimmigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations requiring at least a bachelor’s degree or higher. This visa allows foreign workers to legally stay and work in the United States. These specialty occupations must demonstrate specialized knowledge in certain areas and the applicants have to meet certain requirements if the profession mandates it.
H-1B visa permits part-time work unlike the EB-2 or EB-3 visas, concurrent employment with multiple approved petitions, and job portability. However H-1B visas are subject to an annual cap of 65,000 visas plus 20,000 for U.S. advanced degree holders, the H-1B also has cap exemptions for specific employers like universities and nonprofits.
The maximum visa duration of an H-1B visa is six years, after six years an extension is available in certain conditions.
What is an H-1B1 Visa?
The H-1B1 visa is also a non-immigrant work visa that allows U.S. employers to temporarily employ nationals from Chile and Singapore in specialty occupations. The visa program is governed by many of the rules that apply to the H-1B program. Every year, a maximum of 1,400 H-1B1 visas are designated for nationals of Chile, while 5,400 are reserved for nationals of Singapore. The period of employment under this visa type is one year. Extensions may be obtained twice but only in one-year increments.
H-1B1 vs H-1B: Key Differences
Although H-1B1 visa and H-1B visa, are governed by the same legal provisions under INA, there are major differences between these two visa types.
Eligibility
The H-1B visa is available to workers from any country as long as they meet the qualifications for a specialty occupation, such as possessing a bachelor’s degree or higher in a specific field. On the other hand, the H-1B1 visa is designed only for the nationals of Chile and Singapore under Free Trade Agreements with the United States.
Application Process
The H-1B applicants have to go through a two-step process: First, employers participate in an electronic lottery, and if selected, they proceed to file an I-129 petition with USCIS on behalf of the foreign worker. This process can be lengthy and uncertain due to the competitive lottery system.
On the other hand, H-1B1 applicants do not have to go through a lottery process and I-129 application. They can simply apply directly at a U.S. consulate with a certified Labor Condition Application (LCA), a job offer from the employer, and other relevant documents. This streamlined process makes the H-1B1 application process quicker for the applicant and the employer.
Validity and Extensions
The H-1B visa is granted for up to three years, with the possibility of extending it to a maximum of six years. Under AC-21, it is possible to extend the visa duration of the beneficiary under certain circumstances.
On the contrary, the H-1B1 visa is granted for only one year but it can be renewed indefinitely in one-year increments.
Cap and Availability
The H-1B visa is limited to an annual cap of 65,000 visas, with an extra 20,000 visas set aside for individuals who have earned advanced degrees from U.S. universities and higher education institutions. These caps are applied globally, and the number of applicants often exceeds the available number of visas.
On the other hand, the H-1B1 visa has a country-specific quota, with up to 1,400 visas for Chile and 5,400 for Singapore every year.
Portability and Path to Green Card
The H-1B visa allows portability, this enables workers to begin employment with a new employer immediately upon filing a new petition. Job portability ensures that workers can transition between employers while maintaining their legal status in the United States.
However, The H-1B1 visa does not offer portability. A new application must be submitted, and work with the new employer cannot start until the application is approved, and it can lead to delayed job transitions for H-1B1 workers.
Also, H-1B1 is not a dual intent visa, which means; applicants must demonstrate that they have no intention of abandoning their residence abroad and do not plan to immigrate permanently to the United States. This lack of dual intent can make the H-1B1 less suitable for individuals seeking to transition to permanent residency and applying for a green card.
Choosing the Right Visa: H-1B1 or H-1B?
When deciding between the H-1B1 and H-1B visas, the choice depends on the applicant’s nationality, career goals, and long-term plans. Bear in mind that the H-1B1 visa is only available for the nationals of Chile and Singapore under Free Trade Agreements, making it a streamlined option for professionals from these countries who wish to work in the U.S. in specialty occupations. It is more advantageous for applicants who are seeking a faster application process, as the H-1B1 visa bypasses the lottery, required for H-1B.
However, the H-1B1 visa is not ideal for applicants who have long-term career goals in the U.S., as it is limited to one-year increments without portability between employers and is not a dual-intent visa. Once the applicant’s visa duration ends, they are expected to return to their residence abroad.
On the other hand, the H-1B visa is much well-suited for applicants, who wish to obtain a green card or need the flexibility of longer-term employment in the U.S. The H-1B is a dual intent visa, meaning applicants can file for a green card while holding their H-1B visa without affecting their status.
However, the lottery system and annual cap make it a more competitive and uncertain option, which can delay the start of their employment.
Frequently Asked Questions About H-1B1 vs H-1B
Does the H-1B1 Visa Require a Lottery Like the H-1B Visa?
No, the H-1B1 visa does not require a lottery like the H-1B visa. Instead, it has set quotas for the nationals of Chile and Singapore. Applicants can apply directly at a U.S. consulate with their certified LCAs without going through a lottery process.
Are the Job Requirements Different For H-1B1 vs. H-1B?
The job requirements for H-1B1 and H-1B visas are similar, both require employment in a specialty occupation that demands at least a bachelor’s degree in a specific field.
Can H-1B1 Visa Holders Transfer to H-1B Status?
Yes, H-1B1 visa holders can transfer to H-1B status. However, it should be noted that this will be a new application from scratch. Applicants seeking to transition from H-1B1 to H-1B status must first be selected in the H-1B lottery, the rest of this transfer process has several key steps:
- Labor Condition Application (LCA): The U.S. employer must file a new LCA specific to the requested H-1B position.
- Form I-129 Petition: After obtaining the certified LCA, the employer must submit Form I-129 to US Citizenship and Immigration Services requesting a change of status from H-1B1 to H-1B.
Upon the approval of the applicant’s H-1B petition, the applicant can start working under H-1B status, benefiting from dual intent and longer visa durations.
Which Visa is Better For Transitioning to a Green Card: H-1B1 or H-1B?
The H-1B visa is the better choice for applicants planning to transition to a green card, as it allows dual intent—meaning they can apply for a green card without negatively affecting their visa status.
In contrast, the H-1B1 visa does not permit dual intent, requiring visa holders to demonstrate that they have no intention of staying in the U.S. permanently. This restriction makes it significantly more difficult to start the green card process. For those with long-term plans to live and work in the U.S., the H-1B visa is by far the better option.
Helpful Resources:
- H-1B1 Program – U.S. Department of Labor
- Fact Sheet #62X – U.S. Department of Labor
- H-1B Specialty Occupations – USCIS
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