Written by Jonathan Aftalion, Esq. — Founding Attorney, Aftalion Law Group
(UCLA BA, Wisconsin JD, Witwatersrand LLM, dual CA + NY licensure, Super Lawyers Rising Stars)
In this blog, we'll explore:
Key Point:
- The H-1B1 visa lets employers hire specialty-occupation professionals from Chile and Singapore, capped at 6,800 a year (1,400 for Chile and 5,400 for Singapore).
- The E-3 visa lets employers hire specialty-occupation professionals from Australia, capped at 10,500 a year.
- Both require a certified labor condition application, and both are alternatives to the H-1B for nationals of those specific countries.
For professionals from Chile, Singapore, and Australia, there are dedicated specialty-occupation visas that many people overlook while focused on the H-1B. The H-1B1 and E-3 visas are built into trade relationships with those countries, and for eligible nationals they can be faster and less crowded routes to working in the United States. This guide explains the H-1B1 and E-3 visas, who they are for, and how they relate to the H-1B, based on Department of Labor and USCIS guidance. For the wider set of work-based paths, see our employment-based immigration page.
What Are Specialty-Occupation Visas?
The H-1B, H-1B1, and E-3 all serve specialty occupations, meaning roles that require a body of specialized knowledge and at least a bachelor’s degree or its equivalent in the specific field, in areas such as the sciences, medicine, healthcare, education, biotechnology, and business specialties. What differs among the three is nationality, the annual cap, and some procedural details. The H-1B1 and E-3 are limited to nationals of specific countries, which is exactly what makes them less crowded than the H-1B.
The H-1B1 Visa: Chile and Singapore
The H-1B1 program lets employers temporarily hire specialty-occupation professionals from Chile and Singapore. The annual cap is 6,800 visas, split as 1,400 for Chile and 5,400 for Singapore. Because that allocation is rarely exhausted, eligible professionals from those two countries often face far less competition than H-1B applicants who must go through the annual lottery. As with the H-1B, a certified labor condition application is required before the petition proceeds.
The E-3 Visa: Australia
The E-3 program lets employers temporarily hire specialty-occupation professionals who are nationals of Australia. The annual cap is 10,500 visas for Australian nationals seeking temporary work in specialty occupations. Like the H-1B1, the E-3 sits outside the H-1B lottery, which makes it a dependable route for qualifying Australian professionals and the U.S. employers who want to hire them.
How These Compare to the H-1B
The H-1B is the broadest specialty-occupation visa, capped at 65,000 a year plus 20,000 for holders of a U.S. advanced degree, and it is allocated by an annual lottery when demand exceeds supply. The H-1B1 and E-3 are narrower by design, open only to nationals of the treaty countries, but that narrowness is their advantage: no lottery and caps that are rarely reached. All three require a certified labor condition application, so the prevailing wage rules apply the same way.
Which Path Is Right for Your Case?
For a national of Chile, Singapore, or Australia in a specialty occupation, the H-1B1 or E-3 is often the stronger first option precisely because it avoids the lottery. For everyone else, the H-1B remains the main route. Choosing correctly, and preparing the labor condition application and petition accurately, is where an experienced team helps. Speak with a U.S. immigration lawyer for a case evaluation available at no cost. Call (424) 270-6767.
Frequently Asked Questions
Specialty-occupation professionals who are nationals of Chile or Singapore, hired by a U.S. employer. The role must require specialized knowledge and at least a bachelor’s degree or its equivalent in the field.
Specialty-occupation professionals who are nationals of Australia, hired by a U.S. employer for a role meeting the specialty-occupation standard.
No. They are separate categories with their own caps, which are rarely exhausted, so eligible nationals avoid the annual H-1B lottery.
Yes. Like the H-1B, both require a certified labor condition application from the Department of Labor before the petition can proceed.
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Reviewed by Jonathan Aftalion, Esq. Review date: September 2026.
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Author Bio: Jonathan Aftalion is the founder of Aftalion Law Group, an immigration law firm based in Los Angeles, California. He represents individuals, families, and employers in employment-based immigration, green card, removal defense, and asylum matters across the United States.
This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship with Aftalion Law Group. Every immigration case is different, and if you need guidance about your specific situation, please schedule a consultation with a qualified immigration attorney.