A USCIS field memo describes important procedural and substantive differences between the standard H-1B category and the H-1B1 category under the Chile and Singapore Free Trade Agreements:

The H-1B1 category under the Chile-Singapore FTAs is available to “professionals” from Chile and Singapore. For purposes of the two trade agreements, a “professional” is defined as “a national of [Chile or Singapore] who is engaged in a specialty occupation requiring (a) theoretical and practical application of a body of specialized knowledge; and (b) attainment of a post-secondary degree in the specialty requiring four or more years of study (or the equivalent of such a degree) as a minimum for entry into the occupation.” In addition, the H-1B1 nonimmigrant classification is available to certain otherwise admissible business persons who do not possess a post-secondary degree or its equivalent, but who will engage in the professions of: (1) in the case of Chilean nationals only, Agricultural Managers and Physical Therapists, and (2) in the case of nationals of both Chile and Singapore, Disaster Relief Claims Adjusters. Further, in the case of nationals of both countries, certain Management Consultants who hold a degree in other than their specialty area will be able to seek admission in H-1B1 classification by presenting alternative documentation reflecting experience in the specialty area.

There are a number of important differences between the Chile and Singapore Free Trade Agreements and the existing H-1B nonimmigrant specialty occupation worker category. Below are three of the most important differences.

1. There is no petition requirement with the CIS on behalf of a Chilean or Singaporean desiring free trade nonimmigrant (H-1B1) status. Individuals who are not in the United States who wish to be admitted initially in H-1B1 nonimmigrant classification must apply directly to the Department of State for an H-1B1 nonimmigrant visa. Such persons must submit a job offer letter, relevant credentials, and a H-1B1 labor attestation (in the form specified by the Department of Labor), and any other relevant documentation required by the State Department. The NSC role in adjudicating H-1B1 cases is limited to requests for either a change of nonimmigrant status to that of H-1B1 or a request for an extension of stay in that classification.
2. Unlike the H-1B category, which generally requires possession of a relevant professional license as a condition to admission, the H-1B1 category does not require such licensure as a prerequisite to admission as an H-1B1 nonimmigrant. Professionals admitted in H-1B1 classification will, however, be expected to comply with all applicable State and Federal licensure requirements for engaging in their respective profession following their admission to the United States.
3. Unlike H-1B specialty occupation workers, who may be admitted for up to three years initially, with extensions available normally up to six years, professionals from Chile and Singapore may be admitted initially for a maximum of one-year, and they may extend their H-1B1 stay an indefinite number of times, in one-year increments, as long as they continue to demonstrate that they do not intend to remain or work in the United States permanently. Note that, unlike the H-1B statute, which specifically allows for “dual intent,” there is no similar provision with respect to an H-1B1 nonimmigrant.

A national of either Chile or Singapore, currently admitted to the United States as a nonimmigrant in a category eligible to change nonimmigrant status, may apply to the NSC in order to change to H-1B1 nonimmigrant status. Such individuals must use the I-129 to make the application, accompanied by:

• A letter from the U.S. employer stating the activity to be engaged in, the anticipated length of stay, and the arrangements for remuneration;
• Evidence the alien meets the educational requirement for the profession or occupation, which normally is a bachelor’s degree or higher.
• For nationals of Chile and Singapore, a U.S. Department of Labor issued H-1B1 certified labor attestation. Also note there is no requirement that a Form I-129W be filed as part of the change of nonimmigrant status application process. A qualified H-1B1 nonimmigrant may be granted an initial period of stay in such classification for a period not to exceed more than one calendar year.