​Introduction: 
In the realm of U.S. immigration, navigating the various visa options can be a daunting task, especially for businesses seeking to bring in foreign professionals for short-term assignments. One such alternative to the popular H1B visa is the B1 in lieu of H1B visa. In this blog post, we will explore the B1 in lieu of H1B visa, its application process, and shed light on its benefits for businesses and foreign professionals.
 
What is the B1 in Lieu of H1B Visa? The B1 in lieu of H1B visa is a temporary nonimmigrant visa category that allows foreign professionals to work in the United States for a limited period of time on a temporary assignment. It serves as an alternative to the H1B visa when certain conditions are met. This visa category is particularly useful for individuals who are employed by a foreign company but need to engage in professional work assignments in the U.S. on a temporary basis.
 
Eligibility and Application Process: 
To qualify for the B1 in lieu of H1B visa, applicants must meet specific criteria. Here are the key elements:
 

1. Employment by a Foreign Company: The applicant must be employed by a foreign company that maintains an ongoing business relationship with a U.S. entity or US based client.
2. Professional Work Assignment: The purpose of the visit must be to engage in temporary, professional-level work activities in the United States on behalf of the foreign employer – as well as meet the definition of a “Specialty Occupation.”
3. Employer-Employee Relationship: There must be a genuine employer-employee relationship between the foreign company and the individual seeking the visa.
4. No U.S. Labor Market Impact: The work to be performed in the U.S. should not displace American workers or have an adverse impact on the U.S. labor market.
5. No renumeration from a U.S. Source: The applicant must continue being paid from a non-U.S. source.

 
The application process for the B1 in lieu of H1B visa involves several steps:
 

1. Documentation Gathering: The applicant must gather the necessary documentation, including a letter from the foreign employer outlining the purpose and duration of the assignment, supporting evidence of the employer-employee relationship, and details of the work to be performed in the United States.
2. Visa Application: The applicant must complete the DS-160 nonimmigrant visa application form and pay the associated fees. It is essential to provide accurate and truthful information throughout the application.
3. Interview and Decision: The applicant will attend an interview at the U.S. Embassy or Consulate in their home country. The consular officer will assess the eligibility and intentions of the applicant before making a decision on the visa application.

 
Benefits of the B1 in Lieu of H1B Visa: 
The B1 in lieu of H1B visa offers several advantages for both businesses and foreign professionals:

1. Flexibility: Unlike the H1B visa, the B1 in lieu of H1B visa does not have a cap or lottery system. This means that qualified professionals can pursue their short-term assignments without worrying about the limited availability of visas.
2. Expedited Processing: The B1 in lieu of H1B visa often has a quicker processing time compared to other visa categories, allowing professionals to start their assignments promptly.
3. Cost-Effective: The B1 in lieu of H1B visa can be a cost-effective solution for businesses, as it does not involve the same filing fees and obligations associated with the H1B visa.
4. Temporary Assignments: This visa category is ideal for professionals who are needed in the U.S. for a short period, allowing businesses to bring in specialized expertise without committing to long-term employment.

 
Conclusion: 
The B1 in lieu of H1B visa provides a viable option for businesses and foreign professionals seeking temporary work assignments in the United States. With its flexibility, expedited processing times, and cost-effectiveness, it offers an alternative to the H1B visa for short-term professional engagements. However, it is crucial to ensure that all eligibility requirements are met and the application process is followed diligently to increase the chances of a successful outcome.
 
If you are considering the B1 in lieu of H1B visa for your professional work assignment, it is highly recommended to consult with an experienced immigration attorney. They can provide personalized guidance, assist in compiling the necessary documentation, and navigate the complexities of the application process.
 
At Barella Global, we focus exclusively on U.S. immigration law and have extensive experience assisting businesses and individuals with various visa options, including the B1 in lieu of H1B visa. Our team of knowledgeable attorneys is dedicated to providing comprehensive support and helping you achieve your immigration goals.
 
Contact us today to schedule a consultation and explore how the B1 in lieu of H1B visa can be the right solution for your temporary professional work assignment in the United States. Let us navigate the complexities of the immigration process while you focus on your professional endeavors.

​Introduction:
In recent years, the landscape surrounding cannabis use and its legal status has undergone a significant transformation in the United States and around the world. With an increasing number of countries and states legalizing marijuana for medicinal and even recreational purposes, it is crucial to understand the potential implications that cannabis use or conviction may have on individuals seeking immigration to the United States. In this blog post, we will delve into the complex topic of cannabis and its impact on US immigration law, particularly focusing on the inadmissibility aspect of cannabis as a violation of controlled substance regulations.
 
Understanding Inadmissibility:
Under the Immigration and Nationality Act (INA), certain grounds render individuals inadmissible to the United States, including violations related to controlled substances. Cannabis, classified as a Schedule I controlled substance at the federal level, falls into this category. Even if an individual resides in a US state or a country where cannabis is legal, engaging in its use can have serious consequences when it comes to US immigration.
 
Violation of Controlled Substance Laws:
US immigration law takes a firm stance on controlled substance violations, and the use or conviction related to cannabis can result in inadmissibility. This means that individuals who admit to using cannabis or have been convicted for its possession, distribution, or trafficking may face barriers when trying to enter the United States.
 
Impact on Nonimmigrant Visa Applicants:
Individuals applying for nonimmigrant visas, such as temporary work visas or tourist visas, may be subject to heightened scrutiny regarding their cannabis use or conviction history. Consular officers have the authority to question applicants about their drug use and convictions, including cannabis-related offenses. Providing false information or withholding relevant details can have severe consequences, leading to visa denial or even a permanent bar from entering the United States.
 
Permanent Inadmissibility and Waivers:
Certain cannabis-related offenses can result in permanent inadmissibility, making it extremely challenging for individuals to obtain visas or even apply for legal permanent residency. However, it is essential to note that waivers may be available for those facing inadmissibility due to cannabis offenses. These waivers, such as the I-601 Waiver of Grounds of Inadmissibility, allow individuals to seek relief by demonstrating extreme hardship to a qualifying relative, among other factors. It is crucial to consult an experienced immigration attorney to assess the specific circumstances and explore potential waiver options.
 
Legalization at the State Level:
While an increasing number of US states have legalized cannabis for recreational or medicinal purposes, it is important to reiterate that federal law still classifies it as illegal. US immigration officials primarily adhere to federal law, which means that even if an individual complies with state regulations, they may still face consequences at the federal immigration level. The conflict between state and federal cannabis laws can create significant challenges and uncertainties for immigrants.
 
Conclusion:
The changing landscape of cannabis laws in the United States has undoubtedly brought about a level of complexity within the realm of immigration law. Despite the legalization of cannabis in certain states, its federal classification as a controlled substance remains a significant hurdle for immigrants seeking to enter or remain in the United States. Understanding the potential consequences of cannabis use or conviction is essential for individuals navigating the immigration process. Consulting with a knowledgeable immigration attorney is crucial to assess individual circumstances, explore potential waivers, and navigate the intricacies of US immigration law when dealing with cannabis-related issues.
 
The US immigration lawyers at Barella Global are well versed in representing clients with issues surrounding cannabis use and/or conviction. Our US visa lawyer assists clients through our offices in London, Paris, and Brussels with visa applications and consular processing related to controlled substance violations – including applications for temporary and permanent waivers.
 
To arrange a consultation with our US immigration lawyer at our London, Brussels, or Paris office, contact our office today.

Introduction: 
Obtaining a US nonimmigrant visa is an exciting opportunity for individuals seeking to visit the United States for a temporary period. However, if you have a prior conviction (or even a UK police caution) for a Crime Involving Moral Turpitude (CIMT) or a controlled substance violation, it may render you inadmissible and require you to obtain a nonimmigrant visa waiver of inadmissibility. In this blog post, we will guide you through the process of obtaining a US nonimmigrant visa waiver for clients with prior convictions, from the visa application to the waiver decision by the Department of Homeland Security (DHS).

1. Initial Visa Application: The first step in the process is to complete the nonimmigrant visa application (Form DS-160), providing accurate and thorough information about your personal background, including any past convictions. It is crucial to be truthful and transparent during this stage, as failure to disclose relevant information can lead to visa denial and potential permanent inadmissibility for misrepresentation. Depending on the consular post, you may also be required to complete a separate questionnaire regarding your law enforcement background. You should also gather a copy of your police record and any relevant documentation related to your law enforcement history.
2. Consular Interview: Once your nonimmigrant visa application is submitted, you will be scheduled for a consular interview at the US embassy or consulate in your home country. During the interview, a consular official will review your application, discuss your criminal history, and assess your eligibility for the nonimmigrant visa. It is essential to be well-prepared for the interview by gathering all necessary documents and being ready to explain the circumstances surrounding your conviction, as well as any steps taken towards rehabilitation.
3. Waiver Recommendation by the Consular Official: If the consular official determines that you are inadmissible due to a CIMT or controlled substance violation, they may recommend you for a nonimmigrant visa waiver of inadmissibility. The recommendation signifies that the consular officer believes you should be granted the nonimmigrant visa despite your prior conviction, based on certain qualifying factors such as family ties, humanitarian reasons, or the absence of a threat to public safety.
4. Waiver Decision by the Department of Homeland Security: Upon receiving your nonimmigrant visa waiver application, the DHS will thoroughly review the submitted materials, taking into account your criminal history, rehabilitation efforts, and the purpose of your intended visit to the United States. The decision to grant or deny the waiver is ultimately made by the Department of Homeland Security (DHS), based on the merits of your case and the discretionary factors involved.
   
5. Visa Issuance: If your nonimmigrant visa waiver of inadmissibility is approved by the DHS, the US embassy or consulate will be notified, and you will be able to proceed with the issuance of your nonimmigrant visa. The consular official will review the approved waiver and make a final determination on your nonimmigrant visa application.

 
Conclusion: 
Obtaining a nonimmigrant visa waiver of inadmissibility for a prior conviction requires thorough preparation, accurate documentation, and compelling arguments to demonstrate your eligibility and rehabilitation. Working with a knowledgeable and experienced US immigration law firm can significantly increase your chances of success throughout the application and waiver process.
 
At Barella Global, our dedicated team of immigration attorneys is well-versed in handling nonimmigrant visa applications and waivers for clients with prior convictions. We are committed to providing personalized guidance and support, helping you navigate the process with confidence. We have extensive experience representing clients at the consular posts in the United Kingdom and throughout Europe.

Introduction:
The L-1A visa is an excellent option for UK and European companies seeking to expand their operations in the United States or transfer key executives or managers to an existing U.S. office. In this blog post, we will provide a comprehensive overview of the L-1A petition and visa process, including the initial I-129 filing and subsequent consular processing. We will also discuss important timelines and other relevant information to help you navigate this process successfully.

Understanding the L-1A Visa:
The L-1A visa is designed for intracompany transferees who hold managerial or executive positions. It allows multinational companies to transfer their qualified employees to the United States to manage or establish a U.S.-based branch, subsidiary, or affiliate.

Initial I-129 Filing:
The first step in the L-1A petition process is filing Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). The petitioner (the U.S. company) must demonstrate that both the U.S. and foreign entities meet the requirements for a qualifying relationship, and that the beneficiary (the employee) meets the criteria for a managerial or executive role, as well as the required time (one year out of the preceding three) working abroad.

Key documents and information required for the I-129 filing include:

• Evidence of the qualifying relationship between the U.S. and foreign entities (e.g., ownership documents, stock certificates).
• Detailed job description and supporting documentation showing that the beneficiary will primarily perform managerial or executive duties.
• Proof of the beneficiary's qualifying employment abroad, such as organizational charts, employment contracts, and evidence of managerial or executive responsibilities.

Consular Processing:
Once the I-129 petition is approved by USCIS, the next step is consular processing. This involves the employee, as the beneficiary, applying for the L-1A visa at a U.S. embassy or consulate in their home country or country of residence. The consular officer will review the documentation and conduct an interview to determine visa eligibility.
Important points to consider during consular processing:

• Schedule the visa interview at the appropriate U.S. embassy or consulate. The employee must demonstrate their qualifications, the purpose of their intended U.S. stay, and their intent to return to their home country after completing their assignment.
• Provide supporting documents, including the original approval notice of the I-129 petition, the employment offer letter, and any additional evidence requested by the consular officer.
• Prepare for the visa interview by familiarizing yourself with the details of the L-1A visa category, your company's U.S. operations, and the beneficiary's role and responsibilities.

Timelines and Processing Times:
The processing times for L-1A petitions and visa applications may vary. Generally, the USCIS I-129 petition processing can take several months, depending on the caseload and any additional review requests. Consular processing timelines vary among U.S. embassies and consulates, but it is advisable to plan for several weeks to a few months for visa issuance.
​
Conclusion:
The L-1A visa provides an excellent opportunity for UK and European companies to expand their operations in the United States and transfer key executives or managers. Understanding the process is crucial to ensure a smooth and successful application. Remember to consult with an immigration attorney to navigate the complexities of the L-1A petition and visa process effectively.
​
Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice. For personalized guidance and assistance, please consult with an immigration attorney.

Introduction:
Bringing your spouse to the United States through the spousal sponsorship process is an important and often complex journey. This blog post aims to guide you through the process, specifically focusing on the initial processing of the I-130 petition at USCIS and the subsequent consular processing, as well as how our US immigration lawyers at Barella Global can assist you.

Step 1: USCIS Processing of the I-130 Petition
The first step in sponsoring your spouse is filing the I-130 petition with the United States Citizenship and Immigration Services (USCIS). This petition establishes the relationship between you, as the U.S. citizen or lawful permanent resident petitioner, and your foreign-born spouse. Along with the completed form, you must submit supporting documents, such as marriage certificates, proof of citizenship or permanent residency, and filing fees, among others. USCIS will review the petition and supporting documents to ensure their accuracy and completeness.

Step 2: USCIS Approval and Forwarding to the National Visa Center (NVC)
Upon approval of the I-130 petition by USCIS, it will be forwarded to the National Visa Center (NVC) for further processing. The NVC will assign a case number and provide instructions for submitting additional required documents, such as the DS-260 immigrant visa application, financial supporting documents, and civil documents like birth certificates and marriage certificates. The team at Barella Global will provide a comprehensive list of the required documents in order to avoid any processing delays.

Step 3: Consular Processing
Once the NVC confirms that all required documents have been submitted and are complete, they will schedule an appointment for the immigrant visa interview at the U.S. embassy or consulate in the beneficiary's home country. It is important to thoroughly prepare for the interview by reviewing the required documentation and understanding the interview process.

Step 4: Immigrant Visa Interview
During the immigrant visa interview, a consular officer will assess the authenticity of the relationship and determine the eligibility of the beneficiary for the spousal visa. The officer may ask questions about the couple's relationship, history, and future plans. It is essential to provide honest and accurate answers while demonstrating the bona fide nature of the marriage. If the officer is satisfied with the information provided and all legal requirements are met, the visa will be issued.
​
Conclusion:
The spousal sponsorship process involves multiple steps, starting with the filing of the I-130 petition with USCIS and culminating in the consular processing and immigrant visa interview. It is crucial to ensure the accurate and timely submission of all required documents, as well as thorough preparation for the interview. By following the appropriate procedures and providing the necessary evidence of a bona fide marital relationship, you can increase the chances of a successful outcome in bringing your spouse to the United States. With offices located in London, Brussels, and Paris, the US visa team at Barella Global is uniquely equipped to assist clients throughout the UK and Europe with their US immigration and visa matters.

Please find our contact information below if you wish to arrange a confidential consultation with our US immigration lawyer.

Barella Global - London
+33 20 4576 8367
info@barellalaw.com

Barella Global - Brussels
+32 2 883 14 88
info@barellalaw.com

Barella Global - Paris
​+33 1 59 06 79 15

Disclaimer: The information provided in this blog post is for educational purposes only and should not be construed as legal advice. Consult with an immigration attorney for personalized guidance on your specific case.