Understanding the B-1 in lieu of H-1B visa
The B-1 in lieu of H-1B visa is a relatively rare visa category that is essentially a subset of the B-1 business visa category. Unlike the traditional B-1 visa, however, the B-1 in lieu of H-1B visa allows a foreign employee to engage in short term employment in the United States.
Requirements for the B-1 in Lieu of H-1B Visa
Some foreign workers may apply for a B-1 in lieu of H-1B visa at a consulate abroad to come to the US to engage in short term employment or training in the United States. While on the B-1 in lieu of H-1B visa, the foreign worker must not receive any salary from a US source except an expense allowance or other reimbursement for incidental expenses such as costs for meals, lodging, laundry, and other basic services. Although the short-term assignment is performed in the United States, the foreign worker must be paid by a business enterprise located abroad.
In practice, the B-1 in lieu of H-1B visa application is much more labor intensive than a normal B-1 visa application. In addition to the requirements listed above, the foreign national must establish that she or he is a professional and he or she will engage in work in a specialty occupation. If approved, the B-1 in lieu of H-1B visa can usually enter the US to work for up to six months.
Connecting Your Business With International Talent
At Becker & Lee LLP, employment-based immigration is one of our primary practice areas. Our experienced attorneys have worked with a range of foreign companies to help them bring employees to the US on short-term assignments using the B-1 in lieu of H-1B visa. Past clients include CEOs, software engineers and marketing specialists for companies with offices abroad.
Contact one of our B-1 in Lieu of H-1B attorneys of Becker & Lee LLP to learn more.