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H1B1 Visa (Chile)

What are the main requirements for an H-1B1 visa (for Chileans)?

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The main requirements for an H-1B1 visa (for Chileans) are as follows:

#9: You are a Citizen of Chile

If you are a Citizen of Chile, you may be able to qualify for the H-1B1 visa which is a kind of special "Chilean H-1B". Under current law, 1,400 H-1B1s are set aside each year for nationals of Chile, under the United States-Chile Free Trade Agreement. INA 214(g)(8)(A)(ii).

Is USCIS Premium Processing Available for H1B1 (for Chileans) ?

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As of the writing of this note (October 19, 2007), H1B1 (for Chileans) is not one of the categories of immigration petitions/applications for which USCIS Premium Processing is available.

Are Chileans still eligible to apply for traditional H-1B visas, instead of applying for H-1B1 visas?

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Yes.  Chileans are still eligible to apply for traditional H-1B visas.  Chileans are not required to apply for H-1B1 visas.

H-1B1: Special Chilean H-1B

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The H-1B1 is a special visa for citizens of Chile only. It is similar to an H-1B visa.

What are the special LICENSING requirements for H-1B1 applicants (for Chileans)?

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For admission into the United States in a specialty occupation, an individual must meet the academic and occupational requirements. While the requirements for classification as an H-1B include licensure, requirements for classification as an H-1B1 nonimmigrant professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.

Can an applicant for an H-1B1 visa (for Chileans) be self-employed or an independent contractor?

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An applicant for an H-1B1 visa (for Chileans) can NOT be self-employed or an independent contractor.

Can a Chilean national who is in the U.S. apply to change status to H-1B1 while in the U.S.?

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Yes. A national of Chile, currently admitted to the United States as a nonimmigrant in a category eligible to change nonimmigrant status, may apply to change to H-1B1 nonimmigrant status. Note that the applicant must be in the U.S. in a nonimmigrant category which is eligible to change nonimmigrant status, of course.

Are extensions and renewals allowed for H-1B1 visas (for Chileans)?

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Yes. Extensions and renewals are allowed for H-1B1 visas.

Will YouTube Sponsor H-1B Workers after its acquisition by Google?

Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

How can you obtain an Extension of Stay (e.g., for an H-1B, O, L, etc.) when your extension of stay application is filed LATE?

Under the general U.S. immigration rule, you must file an EXTENSION OF STAY application for a non-immigrant status (e.g., H-1B, O, L, etc.) BEFORE your original status expires. For example, if your H-1B status expires on November 29, 2006, then you must file your extension of stay application before November 29, 2006. What happens, however, if you fail to file your extension before your original status expires, or you otherwise fail to maintain the previously accorded status? Normally, this means that your extension of stay application will be DENIED. There is an exception however.

Extension of Stay

"Extension of Stay" refers to the process of extending a non-immigrant status, e.g., H-1B, L, O, etc. It really refers to the extension of the Form I-94, which states a foreign national's STATUS in the U.S. It should not be confused with extending a "visa".

What are the exceptions to having a post-secondary degree or its equivalent to qualify for an H-1B1 (for Chileans)?

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The H-1B1 non-immigrant classification (for Chileans) is available to certain otherwise admissiblep persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of: (a) Agricultural Managers, (b) Physical Therapists, (c) Disaster Relief Claims Adjusters, (d) or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting a combination of specialized training and 3 years experience.

Can the H-1B1 principal applicant’s spouse, dependent children, and family accompany him or her to the U.S.?

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Yes.  The H-1B1 visa (for Chileans)  allows the principal applicant to live and work in the United States accompanied by his or her spouse and dependent children.

Note, however, that only spouses and children of H-1B1 work visa holders are eligible for derivative visas. Parents and other family members are NOT eligible for H4 visas.

What is the maximum validity for H-1B1 visas (for Chileans)?

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H-1B1 visas can be valid for a maximum of 18 months. Extensions and renewals are allowed.

How did the H-1B1 visa (for Chileans) come about?

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The H-1B1 visa (for Chileans) came about with implementation of the United States – Chile Free Trade Agreement on January 1, 2004. As a result of this agreement, Chilean nationals became eligible for the treaty-established visa known as the H-1B1 FTA Professional Visa [Free Trade Agreement (FTA) Professional Visa].

Do H-1B1 visas (for Chileans) allow for multiple-entry?

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Yes.  H-1B1 visas (for Chileans) are multiple-entry.

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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