The H1B1 (Singapore) visa is a treaty visa between the U.S. and Singapore, quite like the current arrangement between the U.S. and Canada or the U.S. and Australia.
Like Canadian and Australian work visas, the H1B1 (Singapore) visa process is nowhere near as expensive or drawn out as the H1B (other countries), which most employers and lawyers are familiar with and loathe. Yet, many employers and lawyers conflate the distinct visa groups because of their similar names.
For context, the H1B (other countries) is a visa lottery system for countries that do not have visa treaty ties with the U.S., such as China, India, the United Kingdom, Germany, Russia, France, or Africa. Because there are multiple workers from multiple countries grouped into a limited H1B (other countries) pool, the H1B (other countries) pool is incredibly saturated. H1Bs (other countries) are therefore costly and can take anywhere from 1 to 9 months to process. U.S. employers, particularly smaller firms, decide against hiring non-U.S. citizens for these reasons.
In this short article, I hope to illuminate how the H1B1 (Singapore) process is simpler, cheaper, and quicker for U.S. employers hiring Singaporean employees.
Please note that the process I'm detailing focuses on the consular processing route. This means that the Singaporean employee goes to the U.S. embassy in Singapore to complete the process instead of the U.S. employer filing the visa while the Singaporean employee remains in the U.S. The main difference is I won't discuss the I-129 form.
PROCESS FOR U.S. EMPLOYERS
Timeline: 2-3 weeks, or 10 to 15 business days
Visa fee: $1250 or $2000. The cost includes a $500 fraud detection fee, and a $750 or $1500 American Competitiveness and Workforce Improvement Act Fee. Companies with less than 26 employees pay $750 while companies with equal to or more than 26 employees pay $1500. I don't make the rules.
Legal fee: $0 to $3000. The legal fee depends on if you file the LCA yourself or chose to work with an immigration lawyer. Previously, lawyers have quoted me as low as $900 and as high as $3000.
Steps:
- Make a standard job offer. This means offering a salary and benefits you would typically extend to U.S. citizens.
- File the Labor Condition Application aka Certified ETA 9035. Annotate the application as a H1B1 (Singapore). If you chose to use a lawyer, he will fill out this form for you.
- The LCA will be approved by the UCSIS in 5 to 10 business days. Once you have the LCA, sign the last page and then send a copy to your Singaporean employee. Your part of the process is done!
Notes:
If a lawyer advises you to file the I-129 form, please know that this form is only relevant for the H1B (other countries) not the H1B1 (Singapore). You only need to file a I-129 if your Singaporean employee is in the U.S. and remains there while his visa is processing. If the Singaporean employee uses consular processing, there is no need to file a I-129. Simply put, if your Singaporean employee is outside of the country while you are filing his visa, then disregard the I-129 entirely.
The H1B1 (Singapore) is ineligible for premium processing. Do not pay this fee. This is because the H1B1 (Singapore) is not part of the H1B (other countries) lottery. The quota system used to grant H1B1s (Singapore) has historically never depleted itself. Therefore processing for a H1B1 (Singapore) takes a fraction of the time needed to process a H1B (other countries) application.
CONSULATE PROCESS FOR SINGAPOREAN EMPLOYEES
Below is a brief insight into the consulate process for Singaporean employees. I have not detailed the process as thoroughly as I have for U.S. employers because there are excellent resources available on the internet. See here and here.
Timeline: 3 to 10 business days, depending on when you get your embassy appointment
Cost of visa processing: US$190 paid at Singpost or Standard Chartered
Legal fee: $0
Steps:
- Pay your visa fee of US$190 at Singpost or Standard Chartered. It takes 1 day for the post office or bank to process your payment.
- Complete your DS-160 form. This may take you 1 to 2 hours.
- Book your embassy appointment. You may need to wait a few days or a week to get your appointment.
- Get your signed LCA from your employer. You can complete steps 1 to 3 without the LCA, but you must have the LCA for your embassy interview.
- Once you pass your embassy interview, the embassy will take your passport and affix the visa sticker. It takes about 3 working days to return your passport to you. With passport in hand, you can now fly to the U.S.
I hope this article is helpful for U.S. employers hiring Singaporean employees. Please note I am not a lawyer and I cannot give legal advice. I have only been through the H1B1 (Singapore) process myself three times now (2015-2019) and wanted to share my experience with successfully filing the H1B1 (Singapore) visa.
If you have questions, or would like a lawyer referral, please let me know by leaving a comment.
