For nationals of Australia, Chile, and Singapore, U.S. immigration law makes available work visas that permit qualified professionals from these countries to enter the U.S. and work for a sponsoring U.S. employer.  Here is a summary of these visa types:

H-1B1

• Created pursuant to 2003 free trade agreements signed between: 1) the United States and Chile, and 2) the United States and Singapore
• Provides 1,400 visas annually for Chileans and 5,400 visas annually for Singaporeans, counted separately from the H-1B visa cap
• Permits nationals of Chile / Singapore to work for an employer in the U.S., provided:
  • the position is a specialty occupation typically requiring a Bachelor’s degree or higher for entry (similar to H-1B)
  • the Chilean / Singaporean applicant is qualified (has the equivalent of a Bachelor’s or higher), and
  • the employer makes wage attestations (Labor Condition Application (LCA))
• The H-1B1 is also available to certain Chilean and Singaporean nationals who:
  • seek to work as Agricultural Managers or Physical Therapists (Chilean nationals only), or
  • seek to work as Disaster Relief Claims Adjusters or certain Management Consultants
• H-1B1 status holders may stay in the U.S. in increments of one year, with no maximum duration on stay, provided maintenance of nonimmigrant intent (no immigrant or “dual” intent)

E-3

• Created pursuant to REAL ID Act of 2005
• Provides 10,500 visas annually for Australians, counted separately from other visa types (like the H-1B)
• Permits nationals of Australia to work for an employer in the U.S., provided:
  • the position is a specialty occupation typically requiring a Bachelor’s degree or higher for entry (similar to H-1B)
  • the Australian applicant is qualified (has the equivalent of a Bachelor’s or higher), and
  • the employer makes wage attestations (Labor Condition Application (LCA))
• E-3 status holders may stay in the U.S. in increments of two years, with no maximum duration on stay, provided maintenance of nonimmigrant intent (no immigrant or “dual” intent)

Key advantages of the E-3 and H-1B1 visas include:

• A petition to USCIS is not required; eligible applicants can apply for their visa directly at a U.S. consular post
• Eligible applicants already in the U.S. in another nonimmigrant status (B-1, H-1B, L-1, or similar) can apply to change their status to H-1B1 or E-3, via a USCIS petition
• Employees already in the U.S. in E-3 or H-1B1 status can apply to extend their status without having to leave the U.S., via a USCIS petition

Contact your J&H team if you have questions on the E-3 or H-1B1 visas.