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Effective January 1, 2004, a new H-1B1 nonimmigrant
category was created that provides 1,400 visas annually for Chileans and
5,400 visas annually for Singaporeans. The
petition requirement with the CIS on behalf of a Chilean
or Singaporean desiring free trade nonimmigrant (H-1B1) status has been
eliminated.Individuals who are not in the United States who wish to be
admitted initially in H-1B1 nonimmigrant classification must apply
directly to the Department of State for an H-1B1 nonimmigrant visa.
Such persons must submit a job offer letter,
relevant credentials, and a H-1B1 labor attestation (in the form
specified
by the Department of Labor), and any other relevant documentation
required
by the State Department. The NSC role in adjudicating H-1B1 cases is
limited
to requests for either a change of nonimmigrant status to that of H-1B1
or a request for an extension of stay in that classification.
Unlike the H-1B
category, which generally requires possession of a relevant professional
license as a condition to admission. The H-1B1 category doesn't require possession of a relevant professional
license as a condition to admission. Professionals admitted
in H-1B1 classification will, however, be expected to comply with all applicable
State and Federal licensure requirements for engaging in their respective
profession following their admission to the United States.
Unlike H-1B specialty
occupation workers, who may be admitted for up to three years initially,
with extensions available normally up to six years, professionals from
Chile and Singapore may be admitted initially for a one year
and they may extend their H-1B1 stay indefinitely,in one-year increments, as long as they continue to demonstrate
that they do not intend to remain or work in the United States permanently. Finally, there is
no "dual intent" provision with respect to an H-1B1 nonimmigrant.On 14 Feb 04, the Fiscal Year (FY) 04 H1-B Congressionally
Mandated cap of 65,000 foreign workers was filled.
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