The United States of America maintains Free Trade Agreements with various countries such as Singapore and Chile. These agreements contain several stipulations regarding the temporary entry of business professionals from these two nations under the H-1B1 Free Trade Agreement Professional Visa.
The US Citizenship and Immigration Services (www.uscis.gov) states the primary goal of this accord is to do away with or to reduce obstacles to international trade in services. The US government conducted separate studies on each agreement to find out if the addition of an interim entry chapter would be beneficial to the country's business in services. It also determines if the temporary admission of professionals is necessary for said agreement.
According to these pacts with Singapore and Chile, movement of professionals from each of the two countries to the United States is to be governed through the H-1B1 Visa. It is advisable to seek professional assistance from an experienced immigration lawyer regarding this matter.
Qualifications of Applicants
A competent immigration lawyer will provide valuable advice on how to become eligible for the US FTA professional visa. It is mandatory to follow the criteria below:
- The position is considered a specialty occupation. It requires theoretical as well as practical application of focused knowledge in the fields of Mathematics, Engineering, Healthcare, Education, Management, Human Resources, Physical Sciences, or Computer Sciences.
- The applicant will have acquired a post-secondary degree with four years of academic study in the indicated branch of learning.
- Employment in the United States is only temporary. There must not be any intention on the applicant’s part to stay permanently in the US as an immigrant.
- The applicant must not be an independent contractor or self-employed. The US-Singapore FTA professional visa differs from the atypical H-1B Temporary Worker Visa.
- Employers are not required to submit the Form I-129 (Petition for Non-immigrant Workers) to the Department of Homeland Security's Bureau of Citizenship and Immigration Services.
All H1B1 visas provide multiple entries to the visa-holder. The permission stays valid for a maximum of 18 months. However, renewal and extensions are permitted. Consult with your immigration lawyer for additional details on this matter.
Required Documentation
Applicants must submit the following papers:
- Job notice or letter from the employer in the United States stating details of the position including job responsibilities, company description, salary and benefits, the period of employment, and applicant's credentials. It is essential to confirm the job offer.
- Authenticated form ETA 9035 or 9053E from the United States Department of Labor. You can find this document on the DOL's website.
The immigration attorney will remind applicants to prove their non-intent for migrating to the USA. The situations of individuals vary, so the required documents will differ from case to case. Legitimate spouses and children of H1B1 visa-holders are entitled to derivative H4 Visas. Parents, as well as other relatives, do not qualify. However, these next of kin with US Tourist Visas or coverage through the United States Visa Waiver program may visit for a temporary and limited duration. Seek out the services of an immigration attorney before proceeding with the application.
