Chile is not a USMCA/CUSMA member, but citizens of Chile benefit from their own dedicated professional work visa category under the U.S.–Chile Free Trade Agreement: the H-1B1 classification.
How H-1B1 Differs from H-1B
Like the standard H-1B, the H-1B1 category is for specialty occupation professionals — positions that require at least a bachelor’s degree or its equivalent in a specific specialty. Unlike the H-1B, however, H-1B1 status for Chilean (and Singaporean) nationals is not subject to the annual H-1B lottery/cap registration process, and is instead governed by a separate, dedicated allocation reserved under the free trade agreement.
Key Features
- Applicant must be a citizen of Chile
- Position must qualify as a specialty occupation requiring at least a bachelor’s degree in the specific field
- Initial admission is for up to one year, with extensions available in one-year increments
- Like TN status, H-1B1 is a nonimmigrant category without a built-in path to permanent residence, so long-term planning should account for a transition to another category if permanent residence is a goal
A Useful Option Outside the USMCA/CUSMA Framework
For Chilean professionals and the U.S. employers who wish to hire them, the H-1B1 category is often a more accessible and predictable route than the standard H-1B, precisely because it falls outside the annual cap.
For guidance tailored to your specific circumstances, contact Caruso Law to schedule a consultation.
