The US-Chile Free Trade Agreement which took effect on January 1, 2004 created a new class of non-immigrant work visa for Chilean citizens called the H1B1 Chilean visa. The H1B1 Chilean visa allows qualified Chilean citizen to live and work in the United States and to be accompanied by their spouse and dependent children.
H1B1 Chilean visa applicants must first have a confirmed job in a specialty occupation from a US employer willing to sponsor their visa. H1B1 Chilean visas applicants must meet the following criteria:
- Position must be a specialty occupation; that is, a position requiring theoretical and practical application of a body of specialized knowledge. 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;
- Applicant must have a post-secondary degree involving at least four years of study in his or her field of specialization. In some instances, a combination of specialized training and experience can constitute alternative credentials;
- Applicant cannot be self-employed or an independent contractor; and
- Period of employment in the US must be temporary. As such, the H1B1 Chilean visa applicant must demonstrate non-immigrant intent. This requirement makes the H1B1 Chilean visa different from the traditional H1B work visa. H1B work visa applicants do not have to demonstrate that they intend to return to their country when their temporary job is finished. Note that Chilean citizens are still eligible to apply for traditional H1B visas as well.
H1B Chilean visa applicants must have a job off from a US employer willing to sponsor the visa before contacting us for assistance. Note we do not provide assistance with job recruitment or placement for finding a job for H1B1 Chilean visa applicants.
Foreign Affairs Manual - H1B1 Chilean Visa