· With services now accounting for 65% of the U.S. economy and 28% of the value of U.S. exports, the international mobility of business people – particularly as service employees – has become an increasingly important aspect of competitive markets for suppliers and consumers. Facilitating the movement of businesses allows business partners to provide each other with services such as architecture, engineering, consulting and construction more efficiently. The special casting concept used for H-1B1 status is slightly wider than that used for H-1B. Although the normal minimum requirement for an H-1B is an Honours Bachelor`s degree, trade agreements with Chile and Singapore allow for alternative qualifications in certain professions:[4] · The free trade agreements between Chile and Singapore contain provisions that allow the temporary entry of businessmen into the other party in order to facilitate trade in services. As the H1B season approaches, I wanted to cover another category of this visa based on the free trade agreements with Singapore and Chile. A license is not a prerequisite (at least initially). While eligible free trade agreements may be admitted to the United States without a license in their designated areas, they are expected to meet all licensing requirements that apply to their work after entering the United States [9 FAM 402.10-5] Although Chilean and Singaporean nationals still have visa categories B and L, the new H-1B1 category is available to “professionals” in these countries under the new free trade agreements. Decree. For the purposes of both trade agreements, “skilled person” means “a national of Chile or Singapore] who engages in a specialized profession that (a) requires the theoretical and practical application of specialized knowledge; and (b) obtaining a post-secondary degree in the specialty that requires at least four or more years of study (or the equivalent of such a degree) to enter the profession.

In addition, the H-1B1 classification for non-immigrants is available to certain otherwise authorized businessmen who do not hold a post-secondary degree or equivalent, but who practice the following occupations: (1) only in the case of Chilean nationals, farm managers and physiotherapists; and (2) in the case of Chilean nationals and singaporans – claims adjusters. According to the latest DHS statistical report, Chilean and Singaporean nationals are not the majority of H-1B visa users. The top consumers in the H-1B category come from India, China, Canada and the Philippines. 9 Perhaps provision H-1B1 of those free trade agreements serves to promote the perception of lower barriers for Chilean and Singaporean nationals wishing to travel to the United States, which essentially allows the United States to gain greater influence in trade negotiations without significantly changing the categories of long-standing visas. Recent history has confirmed that the H-1B1 category has hardly been used by Chilean and Singaporean nationals. The H-1B1 category under the free trade agreement does not limit visa qualifications only to those that will promote U.S. trade or commerce. Unlike NAFTA, where NAFTA (TN) visas were limited to a list of professionals acceptable for entry into the United States (8 CFR § 214.6(c), Annex 1063.D.1) – the Chile and Singapore Free Trade Agreements did not impose such restrictions on the H-1B1 visa category.

In fact, the agreements only stipulate that positions meet the requirements of a “skilled occupation” to be eligible for the H-1B1 classification. · The APT states that the main objective of negotiation with respect to trade in services is to reduce or eliminate barriers to international trade in services. Each trade negotiation that the United States undertakes, such as Chile and Singapore, will be addressed individually to determine whether the inclusion of a chapter on temporary accession will benefit U.S. trade in services and, if so, whether a section on temporary entry of professionals is required in the agreement. · The U.S. will be able to charge a fee for professionals who are allowed to enter. Both agreements have language that obliges the parties to set fees in such a way that they do not unduly impede or delay trade in goods or services. · Recognize that for sections of the H-1B program that are scheduled to expire in September 2003, if Congress extends or amends the provisions of the H-1B program, Congress may make appropriate changes to the amendments to the Immigration and Nationality Act made by the Implementing Acts, to the extent consistent with the United States` obligations under those free trade agreements. The reason for this stems from the agreements with Chile and Singapore, which expressly only provide for temporary stays of skilled workers in the United States.

As a result, free trade agreement workers bear the burden of proof that they only have a non-immigrant intention to obtain an H-1B1 visa. To that end, they may demonstrate that they: · The agreements allow the U.S. to require certificates along the lines of the core elements of the working conditions of the current U.S. H-1B visa program to confirm that the sponsoring employer does the following: · Under the agreements with Chile and Singapore, the travel of Chilean and Singaporean businesses to the United States will be facilitated by the H-1B1 visa. There are only 6,800. Under the underlying free trade agreements, a maximum of 1,400 skilled workers from Chile and 5,400 skilled workers from Singapore are allowed to enter the United States as H-1B1 workers per year. These numerical limits are reflected in the H-1B gross cap. [9 FAM 402.10-5(B)] Here are the exceptions.

Trade agreements with Chile and Singapore allow for other qualifications in certain professions: farm managers and physiotherapists (for Chilean workers) and management consultants and claims adjusters (for Chilean or Singaporean workers). For more information on other acceptable references, see the Department of State`s Foreign Affairs Manual on the subject here (see 9 FAM 402.10-5(E)) or the relevant section of the U.S.-Chile Free Trade Agreement here (see Annex 14.3 (D)(2)). H1B1 visas are multiple times and are valid for up to 18 months. Extensions and extensions are allowed. Citizens of Chile and Singapore can still take advantage of the usual H-1B visa. This could be beneficial for some of them, as the H-1B program imposes fewer restrictions in certain dimensions. The United States-Singapore Free Trade Agreement, which entered into force on 1 January 2004, created a new category of non-immigrant non-immigrant visas for Singaporean citizens: H1B1. Only Singaporean citizens are eligible as principal applicants. Singapore permanent residents who are citizens of other countries are not eligible for H1B1, but non-Singaporean spouses and children of qualified Singaporean H1B1 applicants are eligible for H-4 visas as dependent family members. -An ETA-9035 certified form clearly marked as “H-1B1 Chile” or “H-1B1 Singapore” must be submitted as proof of submission.

Proof that you meet the training requirements described in the “Jobs” section above; and the visa allows you to live and work in the United States accompanied by your spouse and dependent children. IMPLEMENTING LEGISLATION OF THE CHILE-SINGAPORE FREE TRADE AGREEMENT: A LETTER FROM YOUR U.S. EMPLOYER STATING THE WORK AND TASKS YOU MUST PERFORM, THE EXPECTED LENGTH OF STAY, AND THE TERMS OF COMPENSATION; · The number of U.S. skilled workers allowed to enter Chile and Singapore is not limited by these free trade agreements, while the number of Chilean skilled workers in the U.S. is limited to 1400 and the number of Singaporean skilled workers is limited to 5400. · Ensures that the Chile and Singapore categories fall under the H-1B roof like H-1B1. .