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CHILE

CHILE.ImmigrationLex.com is published by immigration attorneys, and is dedicated to addressing the special needs of the citizens of Chile in U.S. immigration matters, e.g., visas and green cards.

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What is the maximum validity for H-1B1 visas (for Chileans)?

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H-1B1 visas can be valid for a maximum of 18 months. Extensions and renewals are allowed.

What are the exceptions to having a post-secondary degree or its equivalent to qualify for an H-1B1 (for Chileans)?

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The H-1B1 non-immigrant classification (for Chileans) is available to certain otherwise admissiblep persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of: (a) Agricultural Managers, (b) Physical Therapists, (c) Disaster Relief Claims Adjusters, (d) or certain Management Consultants who hold a degree in other than their specialty area who present alternative documentation reflecting a combination of specialized training and 3 years experience.


Do H-1B1 visas (for Chileans) allow for multiple-entry?

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Yes.  H-1B1 visas (for Chileans) are multiple-entry.

Can the H-1B1 principal applicant’s spouse, dependent children, and family accompany him or her to the U.S.?

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Yes.  The H-1B1 visa (for Chileans)  allows the principal applicant to live and work in the United States accompanied by his or her spouse and dependent children.

Note, however, that only spouses and children of H-1B1 work visa holders are eligible for derivative visas. Parents and other family members are NOT eligible for H4 visas.


How did the H-1B1 visa (for Chileans) come about?

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The H-1B1 visa (for Chileans) came about with implementation of the United States – Chile Free Trade Agreement on January 1, 2004. As a result of this agreement, Chilean nationals became eligible for the treaty-established visa known as the H-1B1 FTA Professional Visa [Free Trade Agreement (FTA) Professional Visa].

What are the main requirements for an H-1B1 visa (for Chileans)?

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The main requirements for an H-1B1 visa (for Chileans) are as follows:

Are Chileans still eligible to apply for traditional H-1B visas, instead of applying for H-1B1 visas?

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Yes.  Chileans are still eligible to apply for traditional H-1B visas.  Chileans are not required to apply for H-1B1 visas.

H-1B1: Special Chilian H-1B

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The H-1B1 is a special visa for citizens of Chile only. It is similar to an H-1B visa.

What are the special LICENSING requirements for H-1B1 applicants (for Chileans)?

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For admission into the United States in a specialty occupation, an individual must meet the academic and occupational requirements. While the requirements for classification as an H-1B include licensure, requirements for classification as an H-1B1 nonimmigrant professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.

Can an applicant for an H-1B1 visa (for Chileans) be self-employed or an independent contractor?

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An applicant for an H-1B1 visa (for Chileans) can NOT be self-employed or an independent contractor.

Can a Chilean national who is in the U.S. apply to change status to H-1B1 while in the U.S.?

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Yes. A national of Chile, currently admitted to the United States as a nonimmigrant in a category eligible to change nonimmigrant status, may apply to change to H-1B1 nonimmigrant status. Note that the applicant must be in the U.S. in a nonimmigrant category which is eligible to change nonimmigrant status, of course.


Will YouTube Sponsor H-1B Workers after its acquisition by Google?

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Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

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