An H-1B1 visa is a temporary treaty-based work visa, specifically intended for citizens of Chile and Singapore with a job offer in a specialty occupation in the United States.
The Mass General Brigham Office for Global Professional and Scholars (GPS) processes very few of these visa requests every year. This visa is most often used when the applicant is outside the U.S. and must enter the country within a short time frame.
Please review the process on the H-1B to submit an H-1B1 request, as the same submission process is followed.
Overview
The H-1B1 temporary worker status is designated for individuals coming to the U.S. temporarily to work in a specialty occupation. A specialty occupation is defined as one that requires "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement."
The H-1B1 visa is considered an "employer-specific" status. This means that the scholar may only be paid by the specific H-1B1 sponsor and only according to the terms in each H-1B1 application. Those with H-1B1 status cannot accept funds from another employer or source other than the employer listed in the H-1B1 application.
An initial H-1B1 can be requested for up to 18 months. Extensions are granted in one-year increments.
Finally, the H-1B1 does not allow for dual intent so seeking a green card in this status can be challenging.
Requirements
The Immigration and Nationality Act requires that the hiring of a foreign worker not negatively affect the wages and working conditions of U.S. workers currently employed.
The U.S. Department of Labor's regulations require that the wages offered to a foreign worker must be at least the prevailing wage rate for the occupational classification in the area of employment. The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.
Factors considered when establishing a prevailing wage are the required job experience, qualifications, education, job responsibility and function, specialized knowledge, etc., required for the job. Job descriptions should never describe the applicant, and the department can, of course, hire individuals who exceed the minimum requirements.
Family dependents
Spouses and/or children under age 21 who wish to join the principal visa holder in the United States for the duration of their stay will need their own H-4 visas. Note that the spouse and children of the H-1B1 visa holder do not have to be citizens of Chile or Singapore.
The following criteria must be met to qualify:
- Couples must be legally married to qualify for such visas
- The spouse and/or children may study on an H-4 visa
- The holder of an H-4 visa may not work
- The H-1B1 Visa worker's spouse and children do not have to be citizens of Chile or Singapore
