B-1 in Lieu of H-1B Visa

Often, a company may urgently need to send an employee to the United States for a short-term assignment. In such cases, time is of the essence as delays could result in loss of contracts or even financial losses. Fortunately, the B-1 in lieu of H-1B visa is available for suitable applicants.

The B-1 in lieu of H-1B visa is a special concession under the B-1 visa rules, which is directly applied for at a U.S. embassy or consulate. It provides a fast (but temporary) solution for getting an overseas employee into the United States to perform productive work. The B-1 in lieu of H-1B visa covers a wide range of business activities, as the Visa Waiver Program (ESTA) is quite limited in what one can do while visiting the U.S. for business purposes.

How does one qualify for the B-1 in lieu of H-1B visa?

To qualify for the B-1 in lieu of H-1B visa the employee to be sent to the U.S. must meet the following requirements:

• The employee or director must be a skilled worker and meet the ‘specialty occupation’ requirement of a standard H-1B visa;
• The employee or director needs to have a degree equivalent to a U.S. bachelor’s degree (note: some consular posts are flexible regarding this requirement);
• The employee or director must remain employed by the foreign company during their stay in the United States; and
• The employee or director cannot be paid directly by a U.S. source (there is no rule against the U.S. client or individual paying the foreign company which in turn pays the employee or director).

Good to know

Along with swift processing times and relatively low costs, the B-1 in lieu of H-1B visa offers flexibility in arranging the temporary project. A foreign company can send an employee to the States to work with one of their clients, or even a U.S. subsidiary or affiliated company of the foreign parent.
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The B-1 in lieu of H-1B visa serves as a bridge visa and should not be relied upon for an extended period of time. This visa is typically issued for a maximum period of one year. While it’s possible to obtain another B-1 in lieu of H-1B visa immediately after the first one expires, bear in mind that the risk of refusal increases if the consular post believes you are attempting to circumvent obtaining a proper H-1B visa.

The Barella Global Advantage

The B-1 in lieu of H-1B visa is applied for directly through the visa applicant's appropriate embassy or consulate. Given our location in the UK and Europe, Barella Global has extensive experience representing clients throughout the various consular posts. Perhaps the greatest advantage of the B-1 in lieu of H-1B visa is its quick processing time. Most cases are completed within three to four weeks.​
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For further information or to speak with a U.S. business visa lawyer, contact Barella Global's London, Brussels, or Paris presence to arrange a consultation.

"The B-1 in lieu of H-1B visa is a swift and efficient visa for temporarily entering the U.S. to perform productive work on behalf of a foreign company. Processing time can be as little as three to four weeks, depending on appointment availability."

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