Privacy Policy

Last Updated: April 20, 2026

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We respect your privacy and are committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our website and tell you about your privacy rights and how the law protects you.

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For Employees and Candidates from Chile and Singapore

1. Purpose

This Policy establishes how Andes Job USA sponsors, manages, and supports employees and candidates who hold or are seeking H-1B1 nonimmigrant status, a visa category created exclusively for nationals of Chile and Singapore under the U.S.–Chile and U.S.–Singapore Free Trade Agreements (FTAs).

The purpose is to ensure consistent, compliant, and fair treatment of H-1B1 workers across recruitment, sponsorship, employment, renewal, and offboarding, in accordance with U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) requirements.

2. Scope

This Policy applies to:

Candidates from Chile or Singapore being considered for a specialty occupation role requiring H-1B1 sponsorship.
Current employees holding H-1B1 status.
Hiring managers, HR/People team members, and Legal/Immigration counsel involved in the sponsorship process.
Extensions, renewals, employer transfers, and terminations involving H-1B1 workers.

This Policy does not cover the standard H-1B visa (available to all nationalities and subject to the annual lottery), the E-3 visa (Australia), or other nonimmigrant categories, though the Company may consider these as alternatives where applicable (see Section 5.5).

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3. Roles and Responsibilities

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RoleResponsibilityHR / People OpsPoint of contact for employees, coordinates with immigration counsel, tracks renewal deadlines.Immigration Counsel (outside counsel or in-house)Prepares the Labor Condition Application (LCA), Form I-129 (when required), and advises on nonimmigrant-intent evidence.Hiring ManagerConfirms the role qualifies as a specialty occupation and that wage/location details are accurate.Finance / PayrollEnsures wage payments match the certified LCA at all times.

The Company has not yet formally designated a single Immigration Compliance Officer; until it does, HR serves as the primary contact point for sponsorship questions.

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4. Who Qualifies

To be eligible for H-1B1 sponsorship, a candidate or employee must:

Hold citizenship of Chile or Singapore (permanent residents who are not citizens do not qualify).
Have a bona fide job offer from the Company in a specialty occupation — a role requiring theoretical and practical application of specialized knowledge and, generally, a bachelor's degree or equivalent in a related field.
Be able to demonstrate nonimmigrant intent — i.e., an intention to return to Chile or Singapore at the end of the authorized employment period. Unlike the standard H-1B, H-1B1 is not a dual-intent category, and immigrant intent (e.g., a pending green card sponsorship) can jeopardize status and future renewals.

A small number of occupations accept alternate credentials in place of a bachelor's degree (e.g., agricultural managers and physical therapists for Chilean nationals; management consultants and disaster relief claims adjusters for either nationality). HR/counsel should confirm eligibility case by case.

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5. Sponsorship Process

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5.1 Labor Condition Application (LCA). Before any H-1B1 case begins, the Company must file and obtain DOL certification of Form ETA-9035/9035E, attesting to wage and working-condition standards for the role. The LCA must be annotated "H-1B1-Chile" or "H-1B1-Singapore" as applicable.

5.2 Consular filing (candidates outside the U.S.). Chilean and Singaporean nationals applying from abroad do not require a Form I-129 petition to USCIS. They apply directly at the U.S. Embassy/Consulate in their home country with the certified LCA, job offer, and standard visa documentation.

5.3 Change of status or extension (candidates/employees inside the U.S.). If the individual is already in the U.S. in another status, or is renewing/extending H-1B1 status, the Company must file Form I-129 with USCIS along with the certified LCA and Trade Agreement Supplement.

5.4 Duration and renewals. Initial H-1B1 status is generally granted for one year (up to 18 months for some consular issuances, depending on reciprocity). It can be renewed indefinitely in one-year increments provided employment continues and the employee can still demonstrate temporary intent; every third extension typically requires a new LCA. There is no fixed maximum stay, unlike the six-year cap on standard H-1B.

5.5 Alternative to standard H-1B. Because Chilean and Singaporean nationals also remain eligible for the standard H-1B (which allows dual intent and a longer initial validity), HR and the candidate should discuss which category best fits their long-term plans — particularly if the employee may want to pursue a green card later.

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6. Annual Allocation and Caps

1,400 H-1B1 visas/status grants are reserved annually for Chilean nationals; 5,400 for Singaporean nationals — separate from, but counted within, the overall 65,000 regular H-1B cap.
H-1B1 applicants generally do not go through the H-1B lottery, unless demand for a given nationality's allocation exceeds the cap in a given year (this has occurred for Chile in some recent years). Unselected applicants are automatically entered into the general H-1B lottery.

7. Fees and Cost Allocation

By law, mandatory government filing fees related to sponsorship cannot be passed on to the employee; the Company bears these costs.
Typical costs include LCA preparation, Form I-129 filing fees (for change-of-status/extension cases), attorney fees, and consular/visa-issuance fees where applicable.
September 2025 $100,000 H-1B proclamation: A U.S. presidential proclamation effective September 21, 2025 imposes a $100,000 fee on certain new H-1B petitions filed for beneficiaries outside the U.S. Multiple U.S. government sources (State Department, USCIS guidance, and immigration counsel commentary) indicate this fee does not apply to the H-1B1 category for Chilean or Singaporean nationals. The Company will nonetheless monitor official guidance, as this is a recent and evolving policy area, and will confirm exemption status with immigration counsel before each filing.

8. Sharing of Employee Information

To administer sponsorship, the Company shares employee data with:

Outside immigration counsel (petition preparation and filings).
U.S. Department of Labor and USCIS (as required by law).
Relocation or immigration-case-management vendors, if engaged.
Payroll/finance systems, to confirm wage compliance with the certified LCA.

Data shared is limited to what is necessary for the sponsorship case (identity documents, educational credentials, employment history, LCA/petition data) and is not used for unrelated purposes without the employee's knowledge.

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9. Record Retention

Immigration case files (LCA, I-129, correspondence): retained for the duration of employment plus at least one year after the LCA's public access file requirement lapses, and longer if required by DOL audit rules.
Public Access Files for each LCA: retained per DOL rules (generally one year beyond the end of the period of employment, or one year from filing if the LCA was withdrawn/never used).
Records are stored securely and access is limited to HR, counsel, and Finance as needed.

10. Employee Rights and Responsibilities

Employees sponsored under H-1B1 status may:

Request a copy of their own LCA and petition-related records (excluding privileged attorney work product).
Raise questions about wage compliance with HR at any time.
Be informed in advance of renewal deadlines, at least 90 days before expiration, to allow time for filing.

Employees are responsible for:

Providing accurate, timely documentation (passport, diplomas, employment history) for filings.
Notifying HR promptly of any change in personal circumstances that could affect status (e.g., change of address, marriage, prior visa denials).
Maintaining evidence of nonimmigrant intent and avoiding actions (such as independently filed green card sponsorship) that could jeopardize H-1B1 renewal, without first discussing implications with HR/counsel.

11. Travel Considerations

H-1B1 employees traveling outside the U.S. must obtain a new visa stamp at a consulate in Chile or Singapore to re-enter, even if their I-129-based status remains valid.
Employees should notify HR before international travel so the Company can confirm current documentation is in order.
Because H-1B1 is exempt from the $100,000 proclamation fee, employees may still experience additional questioning at ports of entry given general confusion about H-1B-related travel restrictions; HR will provide a letter confirming the distinct H-1B1 category upon request.

12. Security of Documents

Passports, diplomas, and other sensitive documents submitted for sponsorship are stored in access-controlled systems.
Only HR, immigration counsel, and designated Finance personnel may access immigration case files.
Physical copies, if any, are kept in locked storage.

13. Changes to This Policy

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This Policy will be reviewed periodically and updated to reflect changes in DOL/USCIS regulations, the status of the September 2025 H-1B proclamation (currently set to run for 12 months from its effective date, with possible extension), or Company practice. Material changes will be communicated to affected employees via email or an internal notice.

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14. Contact

For questions about this Policy or an individual sponsorship case, contact:

HR/People Ops: Agent@andesjobusa.com

Glossary

H-1B1 — Nonimmigrant work visa category exclusively for citizens of Chile and Singapore, created under their respective Free Trade Agreements with the U.S.

LCA (Labor Condition Application) — Form filed with the DOL attesting to wage and working-condition standards for a sponsored role.

Specialty occupation — A role requiring theoretical and practical application of highly specialized knowledge, generally with a bachelor's degree or equivalent.

Nonimmigrant intent — The requirement that an H-1B1 holder intend to return to their home country at the end of authorized employment; distinguishes H-1B1 from the dual-intent H-1B.

Form I-129 — Petition for a Nonimmigrant Worker, filed with USCIS for change of status, extension, or employer transfer cases (not required for initial consular applications).

Change of status — Process of switching from one U.S. nonimmigrant status to another without leaving the country.

This document is a policy template and general summary of current U.S. immigration rules as of mid-2026. It is not legal advice. Confirm current requirements, fees, and forms with qualified immigration counsel before relying on it for any specific case.

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