How Businesses Can Utilize H-1B1 Visas

H-1B1 visas are temporary work visas explicitly issued for Chile and Singapore citizens with the necessary skills to fill specialty occupations in the United States. While U.S. businesses realize many of the same benefits with the H-1B and H-1B1 visa programs, there are some additional benefits for companies with H-1B1 approvals.

Immigration and visa attorney Poonam Bhuchar Esq. knows that U.S. work visa programs are complex, and understanding the specifics related to the different types of visas can be confusing. It is important for employers with the need to fill specialty occupation positions to be aware of how they can best utilize the H-1B1 visa program and the benefits it has to offer.

H-1B1 Visas

As mentioned above, H-1B1 visas are granted for citizens of Chile and Singapore seeking to work in specialty occupations in the United States. These visas are generally issued for one year and may be extended in one-year increments. Unlike H-1B visa holders who are typically limited to a six-year stay with H-1B status, H-1B1 visas can be renewed indefinitely, so long as the visa holders can show that they do not intend to remain in the U.S. permanently.

Highly Skilled & Diverse Employees

H-1B1 visas afford U.S. businesses the opportunity to hire diverse employees. Under the H-1B1 program, businesses are able to open their employee candidate search to two other countries giving them the freedom to onboard not only diverse but also highly skilled and qualified employees to advance their business goals and operations. Employee diversity is good for businesses as it helps to elevate their company’s presence and status on the global stage.

Help With Labor Shortages

Like H-1B visas, the H-1B1 visa program helps companies with labor shortages in specialized areas. Examples of specialty occupations include engineering, mathematics, physical sciences, computer sciences, and medicine. H-1B applicants are required to possess, at minimum, the equivalent of a U.S. Bachelor’s degree in a specialized field related to the position. H-1B1 similarly requires a bachelor’s degree in a specialty area, but the program does allow for exceptions.

Because of those exceptions, the H-1B1 program may help fill more labor shortages by granting visas to citizens of Chile and Singapore who would not qualify for H-1B status. H-1B1 visas may be issued to citizens of both countries who do not hold bachelors’ degrees if they are offered jobs as disaster relief claims adjusters or management consultants. H-1B1 visas may also be granted to Chilean citizens without bachelors’ degrees for work as agricultural managers and physical therapists.

Visa Lottery and Cap

The H-1B program is capped at 65,000 annual visas, and applicants are selected from a lottery for approval. To date, there is no lottery for the H-1B1 program, and the cap has not yet been met. This means that the odds of visa approval are better for qualified H-1B1 applicants, and their applications are processed much faster than H-1B applications.

Additionally, there have been problems with large employers flooding the lottery pool with H-1B candidates making it harder for other companies and employee candidates to get visa approvals. Since there is no lottery, this has not been an issue in the H-1B1 program.

Families Of H-1B1 Visa Holders

Dependent family members may live in the U.S. with H-1B1 visa holders under H-4 status. Dependent spouses and children are not permitted to work in the U.S. under an H-4 status, but they may study in the United States so long as their H-4 status is valid. This is certainly an advantage for U.S. businesses as more employees with special skills are willing to work in the United States when their family members are also permitted to live in the U.S.

Immigration and Visa Attorney

When it comes to H-1B1 and other visa matters in the United States, the laws, requirements, and application process is complicated. Visa filing fees are expensive, and there is very little, if any, room for error when applying for legal work status. U.S. businesses can and do, benefit from work visa programs, but the visa approval process can be challenging.

If you are thinking about submitting an application for H-1B1 or another type of work visa, contact immigration and visa attorney Poonam Bhuchar, Esq. to schedule a consultation. Our practice is dedicated to immigration and visa-related issues, and we help businesses and foreign citizens with visa approval and maintenance matters.