B-1 in Lieu of H-1B Visa - Doing Business in the USA

[US 24 Immigration Service]

This visa is somewhat unusual as it allows the holder to work in the US, yet does not require the filing and approval of a petition to the US Citizenship and Immigration Services like most work visas do. It also does not involve a US employer. This may in rare circumstances cause problems when the holder enters the United States of America. Please consult with one of our US immigration specialists for more information concerning this issue.

Which Companies Can Use This Visa for its Employees?

The most common B-1 in lieu of H-1B visa scenario involves a foreign (non-US) company having a contract or agreement with a US client or customer to perform services in the US.

Which Employees Can Be Sent to the US on a B-1 in lieu of H-1B Visa?

This visa is for highly specialized and professional employees only. While they are in the US on this visa, they should continue to be employees of and salaried by the foreign company. The visa holder should also return to his/her regular employment with the foreign company after the project in the US has been completed.

How Long Can B-1 in lieu of H-1B Employees Stay in the US?

Generally, the visa will be issued for any period of up to 12 months (14 is normally the absolute maximum). Should longer periods in the US be necessary, please contact us for more information.

How to Obtain a B-1 in lieu of H-1B Visa

Each case must be well documented with supporting evidence proving that all legal requirements have been met. The relevant US Consulate or Embassy will then adjudicate the visa application. Dependents of the visa holder (spouses and children) cannot obtain dependent visas although they may be able to get B visas.