WHAT IS THE US-SINGAPORE FREE TRADE AGREEMENT PROFESSIONAL (H-1B1) VISA?
The U.S.-Singapore Free Trade Agreement, which took effect on January 1, 2004, created a new class of non-immigrant work visa for Singaporean citizens: the H-1B1 visa. Only Singaporean citizens are eligible as principal applicants. Singapore Permanent Residents who are citizens of other nations are not eligible for the H1B1 visa, but non-Singaporean spouses and children of qualified Singaporean H1B1 visa applicants are eligible for H-4 visas as dependent family members.
The visa allows you to live and work in the United States accompanied by your spouse and dependent children.
The visa allows you to live and work in the United States accompanied by your spouse and dependent children.
THE H1B1 VISA LAWYER FOR SINGAPOREANS
At our law firm our approach is simple: proven results coupled with a personalized customer experience. We believe every client should receive the best level of expert immigration advice, so all our cases are only handled by experienced licensed attorneys, not paralegals. We provide fast and efficient visa case preparation, and guided support every step of the way. We have a 100% approval rate for all H1B1 cases in the past 24 months, and provide answers to questions in less than 24 hours.
WHO WE SERVE
Our law firm specializes in immigration law with a distinct focus on Singaporeans and organizations from the creative and business, and finance industries. Our Founding Partner is also Singaporean himself, so there is never any need to have to explain where Singapore is, because we already know.
If you are interested in living and working in the United States, we have the best immigration solution for you at an affordable price. Even if you do not qualify for the H-1B1visa our experience in a wide variety of other employment visas such as the H-1B, , L, P, O1 / Artist visa, Q, as well as family based immigration means we can find the best solution for all your immigration needs.
If you are interested in living and working in the United States, we have the best immigration solution for you at an affordable price. Even if you do not qualify for the H-1B1visa our experience in a wide variety of other employment visas such as the H-1B, , L, P, O1 / Artist visa, Q, as well as family based immigration means we can find the best solution for all your immigration needs.
CLIENT TESTIMONIALS
Editor Kimberley Lim
"I've been working with Marcus for the past five years on multiple cases. Whether we faced problems (a traumatic experience, once) or had a smooth-sailing case, Marcus was always there to do the hard work, manage solutions, and calm my nerves! I'm where I am now thanks to him!!"
Mental Health Counselor Yi Jin Lim
Marcus helped to explain the foreign and unfamiliar process of the H1B1 visa application to me in a comprehensible way which I greatly appreciated. He kept me updated considering the government shut down at the time, was extremely responsive via email whenever I had questions, and prepared me the interview which I found very useful.
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WHAT ARE THE REQUIREMENTS FOR THE US-SINGAPORE FREE TRADE AGREEMENT PROFESSIONAL (H-1B1) VISA?
To qualify for the H-1B1 visa, you must meet the following criteria:
- The position must be a specialty occupation; that is, it must require theoretical and practical application of a body of specialized knowledge. Some examples of specialty occupations are jobs in the fields of engineering, mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties such as management and human resources.
- You must have a post-secondary degree involving at least four year of study in your field of specialization.
- You cannot be self-employed or an independent contractor.
- The period of employment in the U.S. must be temporary, so you must demonstrate non-immigrant intent. Note: this requirement makes the USSFTA Professional visa different from the traditional H-1B Temporary Worker visa, as applicants for traditional H-1b visas do not have to demonstrate that they intend to return to Singapore when the temporary job is finished. Singaporeans are still eligible to apply for traditional H-1b visas.
- Unlike a traditional H-1B visa, the employer does not have to submit Form I-129, Petition for Nonimmigrant Worker, to the Bureau of Citizenship and Immigration Services (Department of Homeland Security) and you do not need to obtain a Notice of Action, Form I-797.
Supporting Documents
In addition to the items listed below, all H visa applicants must submit:
- Job letter from your U.S. employer specifying the details of the temporary position (including job responsibilities, salary and benefits, duration, description of the employing company, qualifications of the applicant, etc.) and confirming the employment offer.
- Certified form ETA 9035 or 9035E from the U.S. Department of Labor provided by the employer; information on how to file for this can be found at the Department of Labor website. The form must be annotated "SINGAPORE H1B1."
WHAT ARE THE STEPS TO APPLY FOR THE H1B1 VISA?
1. Make sure you have a valid H1B1 visa petitioning employer that will pay you the prevailing wage rate for the position.
2. Submit H1B1 visa Labor Certification Certified form ETA 9035 or 9035E from the U.S. Department of Labor provided by the employer; information on how to file for this can be found at the Department of Labor website. The form must be annotated "SINGAPORE H1B1."
3. You may schedule an interview with a US consulate abroad for your H1B1 visa interview, or apply from within the United States by filing Form I-129 Petition for Nonimmigrant Worker with USCIS.
4. If you are going for an interview with a US consulate abroad for your H1B1 visa interview bring all supporting documents including Certified form ETA 9035 or 9035E for your H1B1 visa interview.
2. Submit H1B1 visa Labor Certification Certified form ETA 9035 or 9035E from the U.S. Department of Labor provided by the employer; information on how to file for this can be found at the Department of Labor website. The form must be annotated "SINGAPORE H1B1."
3. You may schedule an interview with a US consulate abroad for your H1B1 visa interview, or apply from within the United States by filing Form I-129 Petition for Nonimmigrant Worker with USCIS.
4. If you are going for an interview with a US consulate abroad for your H1B1 visa interview bring all supporting documents including Certified form ETA 9035 or 9035E for your H1B1 visa interview.
APPLYING FOR H1B1 VISA IN THE UNITED STATES OR ABROAD
You can either apply for the H1B1 visa in the United States or at a US consulate abroad. There are advantages and disadvantages to doing both. If you are applying for the H1B1 visa from within the United States, you will need to file Form I-129 Petition for Nonimmigrant Worker with USCIS. The advantage to this is that if you are already in the United States, you will not need to leave the country in order to start the process. However, the processing time for applying for the H1B1 visa before USCIS can take anywhere between four months to a year depending on their H1B1 visa processing backlog. In addition, USCIS tends to apply different standards what a "specialty occupation" is than the Department of State (US Consulate) because they tend to see more H-1B application as opposed to H-1B1 visa applications.
If you are applying for the H1B1 visa a United States consulate abroad, you just need to make an appointment, bring the labor certification as well as all other supporting documents to the interview. Generally, it is best to return to your home country in order to apply for the H1B1 visa as some US consulates may turn your away. The evidentiary standard for what is considered to be a "specialty occupation" may be more relaxed at the consulates abroad. However, you will need to arrange for your airfare and lodging if coming from another country.
If you are applying for the H1B1 visa a United States consulate abroad, you just need to make an appointment, bring the labor certification as well as all other supporting documents to the interview. Generally, it is best to return to your home country in order to apply for the H1B1 visa as some US consulates may turn your away. The evidentiary standard for what is considered to be a "specialty occupation" may be more relaxed at the consulates abroad. However, you will need to arrange for your airfare and lodging if coming from another country.
H1B1 VISA APPLICATION DEADLINE
Unlike the H-1B visa, the H1B1 visa applicants rarely reach their cap. Only about 1000 apply each year which means there is no real deadline to apply. The deadline really depends on your own timeline with regards to when your employer wants your to start work.
HOW DO I DEMONSTRATE NONIMMIGRANT INTENT WHEN APPLYING FOR THE H1B1 VISA?
The H1B1 visa is considered to be a non-immigrant intent visa. This means that when you are applying for the H1B1 visa, you will need to demonstrate that you will not intend to overstay your H1B1 visa. This means when applying for the H1B1 visa you must not make any statements that would leave the immigration officer to believe that you had an intent to immigrate to the USA. In fact, it would be best practice to provide documentation of strong ties to the home country. Examples of documentation could include property in the home country, bank accounts in the home country, family in the home country, existing businesses in the home country, filing taxes in the whole country, voting registration in the whole country, evidence of job opportunities, and any other documentation that might show you have strong ties to the home country.
CAN I APPLY FOR A GREEN CARD WHILE ON THE H1B1 VISA?
This is a rather complicated issue. It is possible to adjust your status from H1B1 to permanent residence if you getting married to a US citizen. But problems may arise if the adjustment of status goes wrong. In general, since the H1B1 visa is considered "non-immigrant intent", if you try to apply for permanent residence, you may have been deemed to have violated your status by the immigration officer. The best case scenario would be for you to apply for consular processing.
CAN MY SPOUSE OR CHILDREN COME WITH ME ON MY H1B1 VISA?
Absolutely! Spouses and children of H1B1 work visa holders are eligible for derivative (H4) visas. Parents and other family members are NOT eligible for H4 visas. They may visit a worker for a temporary period of time if they apply for and receive a tourist visa, or on the Visa Waiver Program if they are eligible.
Spouses and children, whether accompanying or following to join a worker, should submit a visa application and recent passport-size photograph for each person. Spouses and children must present a copy of their marriage certificate or birth certificate, respectively.
PLEASE NOTE: Spouses and children of H visa applicants who are not Singaporean are strongly encouraged to apply for their visas at the same time as the principal applicant, regardless of whether they have firm plans to travel to the United States. If the H visa holder is not present for the application of their non-Singaporean spouse and children, the applicants may be asked to apply in their home country, where their marriage and birth documents can be properly verified.
Spouses and children, whether accompanying or following to join a worker, should submit a visa application and recent passport-size photograph for each person. Spouses and children must present a copy of their marriage certificate or birth certificate, respectively.
PLEASE NOTE: Spouses and children of H visa applicants who are not Singaporean are strongly encouraged to apply for their visas at the same time as the principal applicant, regardless of whether they have firm plans to travel to the United States. If the H visa holder is not present for the application of their non-Singaporean spouse and children, the applicants may be asked to apply in their home country, where their marriage and birth documents can be properly verified.
HOW LONG IS THE H1B1 VISA VALID FOR?
The actual visa in your passport may be given for a maximum of 18 months. However, every time you enter the country you should doublecheck your I-94 in order to see how much time actually has been given for this particular period of stay. Sometimes CBP officers of the border only give you a maximum of one year. This means that you are only allowed to remain in the country for one year and if you overstay, you will have fallen out of status.
CAN I RENEW MY H1B1 VISA?
Theoretically, you are allowed to renew your H1B1 visa is many times as you want. However, every time you renew your H1B1 visa, it raises the additional questions about your nonimmigrant intent. This is because an immigration officer might find it hard to believe that you continue to have not immigrant intent the longer you have remained in the United States. This is why every single time you apply for the H1B1 visa renwal it is very important to document your nonimmigrant intent in great detail.
HOW DO I CHANGE EMPLOYERS ON MY H1B1 VISA?
You will need to file another labor certification with the Department of Labor for that specific employer and file the H1B1 visa application with immigration like before. You will not be able to work until the application is approved by USCIS or have the visa stamp in your passport and have entered the country. Unlike the H-1B visa, you will not be able to "port" meaning you can't start work once the application has been received by USCIS. USCIS must approve your H1B1 visa before you can start working. Therefore, it might be faster in order to apply for the H1B1 visa at a US consulate abroad so your employer is not stuck waiting for you.
In theory, it is possible to have two employers at the same time. In practice, immigration officers at the US Consulates abroad are not too familiar with the relevant law and may deny your H1B1 application.
In theory, it is possible to have two employers at the same time. In practice, immigration officers at the US Consulates abroad are not too familiar with the relevant law and may deny your H1B1 application.
WHAT HAPPENS TO MY H1B1 VISA IF I SUDDENLY LOSE MY JOB?
If your employer terminates your employment, you immediately fall out of status. However, you have a 60 day grace period to pack up your things and leave the country. You can also apply for a change of status during that 60 day grace.
DO I HAVE TO GO BACK TO SINGAPORE TO APPLY FOR THE H1B1 VISA?
You don't have to go back to Singapore in order to apply for the H1B1 visa but it is highly recommended. They are US consulates abroad that will adjudicate the H1B1 visa application but it varies from consulate to consulate. Check with an immigration attorney for the best place to apply for your H1B1 visa.
CAN I CHANGE FROM A H1B1 VISA TO A H-1B VISA?
Absolutely! I have had many clients change their status from the H1B1 visa to the H-1B visa. As long as you make it past the lottery and are otherwise eligible for the H-1B visa you can definitely go from one to another. This is especially important if you are thinking of adjusting your status sometime in the future, or are just interested in applying for a visa that has a longer term of stay
DO I ABSOLUTELY NEED A BACHERLORS DEGREE IN ORDER TO APPLY FOR THE H1B1 VISA?
Not necessarily. When applying for the H1B1 visa, it is possible to substitute a college degree for work experience. In general, immigration will accept 3 years of work experience for every 1 year of college for the H1B1 visa. However, depending on the position, the individual may also have to show more than '3 for 1' if the industry standard for the position would require an advanced degree. Disaster Relief Claims Adjusters, or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting experience in the specialty area.
IS PREMIUM PROCESSING AVAILABLE FOR THE H1B1 VISA?
Premium processing is an expedited service that USCIS provides for certain visa types. Unfortunately, the H1B1 visa is not one of them.
IS CAP-GAP AVAILABLE FOR THE H1B1 VISA APPLICANTS?
The cap-gap rules allow for H-1B applicants who have filed properly and on time to work for a period of time while waiting for their applications to be adjudicated. Unfortunately, this does not apply to H1B1 visa applicants.
CAN THE H1B1 VISA APPLICANT BE SELF EMPLOYED OR AN INDEPENDENT CONTRACTOR?
The H1B1 visa applicant cannot be self employed or an independent contractor.
WHAT QUESTIONS WILL THE US CONSULATE ASK AT THE H1B1 VISA INTERVIEW?
In order to be prepared for the H1B1 visa interview, you should definitely review the labor certification, and the cover letter that your attorney has provided for you. You should know the name and address of your employer, and where you will be employed. You may be asked questions on your job responsibilities, and asked to explain how are you qualified for the job. You may also be asked what you will be intending to do after the position is over in order to determine whether you have non-immigrant intent.
HOW LONG DOES IT TAKE FOR THE H1B1 VISA TO BE PROCESSED AT THE CONSULATE?
If you are approved for the H1B1 visa you should know right away because they will then take your passport. If you are denied for the H1B1 visa they will give you a letter explaining why and they won't take your passport. After they take your passport it can take up to 1 to 2 weeks for processing time to put the H1B1 visa in your passport. For some cases it is possible that extended administrative processing may delay your case so please prepare for any delays.
WHAT ARE REASONS FOR AN H1B1 VISA REJECTION?
There are many reasons why you maybe rejected for an H1B1 visa. Some of the common ones include failure to include the labor certification, failure to meet the degree requirements in order to prove specialty occupation, and failure to prove nonimmigrant intent. I would say that the last one is the most common of all. In addition, even if you meet all the criteria but are not able to articulate why you are eligible for visa H1B1 visa in English, you may also be denied simply because of cultural misunderstanding.
H1B1 VISA STATISTICS
For fiscal year 2017, 1391 H1B1 visas were issued and 153 were denied according to statistics issued by the Department of State. This is about an 90% success rate. However, this number does not include how many application were denied at the USCIS stage. Based on my opinion, chances of approval very from person to person depending on your qualifications and ability to show nonimmigrant intent.
H-1B visa VS H1B1 visa
There are many differences between both types of visas. For example, the annual cap for the H-1B visa is 65,000 and the annual H1B1 visa limit is 1,400 for Chileans and 5,400 for Singaporeans. Almost every year the cap is met for the H-1B visas which means that there is a lottery to select whether the application will be even adjudicated. The cap Is never met for the H1B1 visa which means that you can apply anytime of the year. The H-1B visa is valid for three years, and then you can renew for another three years. You can only be on the H-1B visa for a maximum of six years before you have to leave the country for at least one year before coming back on the H-1B visa. For the H1B1 visa you can get a maximum of 18 months, and you can renew it indefinitely assuming you can prove nonimmigrant intent. The H-1B visa allows for dual intent which means that you can apply for the Green card and do not have to prove nonimmigrant intent. While on the H1B1 you can apply for the green card under limited circumstances and have to prove nonimmigrant intent. Cap-gap and porting rules apply to the H-1B visa and do not apply for the H1B1 visa. Premium processing sometimes applies for the H-1B visa but they almost never apply to the H1B1 visa. The H1B1 visa can be applied for at a US consulate abroad. The H-1B visa must be applied for first before USCIS before going for the visa interview abroad.