H-1B1 (Singapore) FAQs

Welcome to this blog.

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin.

In this first blog post I am providing a set of FAQs to introduce the H-1B1 visa to U.S. employers and prospective Singaporean employees.  I will elaborate on specific issues in subsequent blog posts.

H-1B1 FAQs

A.  What is the Duration?

An employee under an H-1B1 visa is admitted for a duration of 1 year, renewable indefinitely. 

Some of you may notice that your H-1B1 visas inside your passport are valid for 18 months after issuance. I will explain the difference between (1) visa validity duration which is 18 months, and (2) the authorized period of admission which is 1 year, in a subsequent blog post. 

B.  What are the Procedures for Obtaining H-1B1 Status?

There are two ways of obtaining H-1B1 status.

1.  After the Labor Condition Application* is certified by the Department of Labor, the H-1B1 employee may directly apply for an H-1B1 visa at a U.S. Embassy/Consulate abroad.  No petition needs to be filed before the USCIS.

OR

2.  After the Labor Condition Application* is certified by the Department of Labor, the Employer may file a petition before the USCIS.  Unlike a normal H-1B petition, there is no premium processing available for H-1B1 petitions. 

In my opinion, the first method (obtaining the H-1B1 visa directly through consular processing abroad) is highly recommended.  I will elaborate why via a subsequent blog post.



*The Labor Condition Application (or "LCA") is a form to be e-filed by the employer on behalf of certain nonimmigrant employees (including H-1B1 employees) that attests to employment information such as the wages and place of employment.  In November 2018, the Department of Labor released a new edition of this LCA form.  

C.  Is the H-1B1 Status "Transferable"?

The H-1B1 status is not "transferable."  This is because H-1B portability provisions do not apply to H-1B1 cases. 

This means that an H-1B1 employee (who was previously on H-1B1 status with another company) cannot join the Employer until or after the new H-1B1 status is obtained in one of the two ways described above. 

This is different from a normal H-1B transfer case where the employee (who was previously on H-1B status with another company) is permitted to start working at the Employer once the Employer's H-1B transfer petition is filed with USCIS. 

Thus, the normal procedures used for H-1B transfer cases do not apply to an H-1B1 case. 

D.  Is the H-1B1 Visa "Dual Intent"?

No, the H-1B1 visa is not "Dual Intent."  

This means that, if an H-1B1 applicant is interviewed at a U.S. Embassy or Consulate, he/she must generally show that he/she does not intend to immigrate to the U.S. (by, for example, showing ties to his/her home country).  

E.  Is the H-1B1 Employee subject to a Lottery?

No.  This is because the H-1B1 quota is never reached.  This has two implications:

First, an H-1B1 petition (for new employment) can be filed at any time during the year.  This is unlike a normal H-1B case where a petition for a new employee trying to obtain H-1B status for the first time has to be filed in early April. 

Second, the H-1B1 employee can start working on H-1B1 status at any time of the year.  This is unlike a normal H-1B case where an employee who is starting on H-1B status for the first time has to begin on October 1.

F.  Comparison Chart

Some U.S. employers may have sponsored regular H-1B employees in the past, but most are unfamiliar with the H-1B1 for Singaporeans. 

The comparison chart below summarizes the difference(s) between H-1B1 cases and H-1B Cap Cases.

COMPARISON CHART

	H-1B1 Cases	H-1B Cap Cases
Duration	1 year	3 years
Extensions/Renewals	Renewable indefinitely**	In general, may be extended for another 3 years (for a maximum period of 6 years)
Can the employee obtain the visa through Consular Processing without the need for an approved petition from the USCIS?	Yes	No.  An approved petition by the USCIS is required before the employee can obtain the visa
Can the employer file a petition to the USCIS on behalf of the employee?	Yes.    Note: Employer does not have to pay USCIS fees if it chooses to use consular processing abroad instead of filing a USCIS petition	Yes.
Subject to Lottery?	No	Yes
When to Apply / File?	Can apply for a visa / file the petition at any time of the year (because quota is never reached)	Must file petition during the H-1B filing acceptance period prescribed by USCIS, typically in early April.
When can the Employee Start Work on the Visa Status?	At any time after visa status is obtained	The earliest start date for each fiscal year is October 1 (for first-time H-1B status)
“Transferable”/Portable?	No	Yes
Dual Intent?	No	Yes

** There are different options available on renewals and extensions.  Because of the complex nature of some of the procedures behind these options, it is best to speak with an immigration attorney with experience in H-1B1 cases.   


Disclaimer: This blog is for informational purposes only and does not constitute legal advice.