Web Page: http://www.usembassy.cl
Visa Information Service: 188-800-420057 (from
With implementation of the United States – Chile Free Trade Agreement on January 1, 2004, Chilean nationals became eligible for the treaty-established visa known as the H-1B1 FTA Professional Visa [Free Trade Agreement (FTA) Professional Visa].
To qualify for the H-1B1 FTA Professional Visa, an applicant has to meet the following criteria:
* The applicant must be engaged in a specialty occupation; this is a
position requiring theoretical and practical application of a body of
specialized knowledge and the attainment of a post-secondary degree involving
at least four years of study in his or her field of specialization. Some 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.
* A U.S. employer has to furnish a job letter specifying the details of
the temporary position (including job responsibilities, salary and benefits,
duration, description of the employing company, qualifications of the
applicant, etc.) and confirming the employment offer. The U.S. employer must also provide a certified form ETA 9035 or
9035E from the U.S. Department of Labor.
Information on how to file with the U.S. Department of Labor can be
found at http://workforcesecurity.doleta.gov/foreign/hiring.asp.
* The applicant cannot be self-employed or an independent contractor.
* The period of employment in the United States must be temporary. As such, the applicant must establish
non-immigrant intent. NOTE: This requirement
makes the FTA Professional Visa (H-1B1) different from the traditional H-1B
Temporary Worker visa, as applicants for traditional H-1B visas do not have to
demonstrate that they intend to return to Chile when their temporary job is
finished. Chileans are still eligible
to apply for traditional H-1B visas.
* Unlike a traditional H-1B visa, submission by the employer of Form
I-129, Petition for Nonimmigrant Worker, to the U.S. Citizenship and
Immigration Service (Department of Homeland Security) is not required, and the
applicant does not need to obtain a Notice of Approval, Form I-797, before
submitting their visa application.
* Extensions and renewals are allowed, but adjustment of status to
another nonimmigrant category or to legal permanent residency is not permitted.
* Pending final confirmation of the implementing regulations, H-1B1
visas will be multiple-entry, valid for 18 months.
APPLYING FOR THE VISA AT THE SANTIAGO CONSULAR SECTION
Applicants must schedule their visa appointment by calling the Visa Information Service (click on the link for more instructions and phone numbers). Applicants will bring their visa application forms and all supporting documents, including the receipts described below, to the Embassy on the day of their appointment. Applicants whose visas are approved will arrange delivery of their passports through DHL (a DHL representative is located on Embassy grounds). See The Nonimmigrant Visa Process for more information.
DOCUMENTATION REQUIRED
Each visa applicant must submit:
1) A Nonimmigrant Visa Application (DS-156), completed and signed by each applicant. Visa application forms are available at forms to print.
2) A Supplemental Nonimmigrant Visa Application Form (DS-157) (only for men between 16 and 45 years of age).
3) A passport valid for travel to the United States and with a validity date at least six months beyond the applicant’s intended period of stay in the United States.
4) A color or black and white photograph, size 5 x 5 cms., taken against a white or off-white background. The head must be centered in the frame with its size (measured from top of hair to bottom of chin) not more than 25 mm to 35 mm.
5) A paid receipt for the US$131 visa-processing fee (fee increased from US$100 to US$131 on January 1, 2008); please see Fee Increase for Non-Immigrant Visas for more information). This nonrefundable fee may be paid in peso equivalent at branches of Chilexpress.
6) A job letter from the U.S.
employer specifying the details of the temporary position (including job
responsibilities, salary and benefits, duration, description of the employing
company, qualifications of the applicant, etc.).
7.) The U.S. employer’s certified
form ETA 9035 or 9035E from the U.S. Department of Labor.
8.) Verification of qualification for the specialty occupation to include proof of university graduation and relevant experience in the occupation.