​​​B-1 in lieu of H-1B Temporary Work Visa

The visa is applied for directly at a U.S. embassy or consulate and is intended only for temporary assignments. It provides a faster route than other employment-based visas but is highly discretionary and limited in scope. Unlike travel under a standard B-1 visa, the B-1 in lieu of H-1B visa permits a broader range of business activities, including hands-on project work that would not otherwise be allowed.

B-1 in lieu of H-1B Visa Qualifications

To qualify for a B-1 in lieu of H-1B visa, the applicant—whether an employee or company director—must meet specific criteria that closely mirror elements of the standard H-1B visa, while also respecting the limitations of the B-1 classification:

• Specialty Occupation Requirement: The applicant must be a skilled worker performing services that would qualify as a “specialty occupation” under the H-1B visa category.
• Educational Requirement: The applicant is generally expected to hold a degree equivalent to a U.S. bachelor’s degree in their field, though some consular posts may apply flexibility depending on the case.
• Continued Foreign Employment: The applicant must remain employed by the foreign company during their stay in the United States, and the foreign company must continue to provide the applicant’s salary.
• Compensation: The applicant may not receive any salary or direct remuneration from a U.S. source, other than an allowance or reimbursement for incidental expenses related to the temporary stay. For this purpose, the Department of State clarifies that:
  • If a U.S. company has a separate, established business abroad, the salary paid by that foreign entity is not considered to be from a “U.S. source.”
  • To qualify as a “foreign firm,” the employing entity must maintain an office abroad, disburse payroll abroad, and customarily employ the applicant through its foreign operations.

Together, these requirements ensure that the applicant’s services in the United States remain temporary in nature, tied to their foreign employment, and compliant with the narrow scope of the B-1 in lieu of H-1B classification.

Key Considerations

In addition to relatively low costs and swift processing times, the B-1 in lieu of H-1B visa provides flexibility for companies arranging short-term projects. A foreign employer may send an employee to the United States to work with a U.S. client, or even with a subsidiary or affiliated company of the foreign parent.

That said, the B-1 in lieu of H-1B visa is intended only as a temporary solution and should not be relied upon for ongoing assignments. Typically, it is issued for a period of up to one year. However, U.S. Customs and Border Protection (CBP) generally admits the visa holder for a maximum stay of six months per entry, regardless of the visa’s overall validity. While it may be possible to obtain another B-1 in lieu of H-1B visa immediately after the first expires, the risk of refusal increases if the consular officer suspects that the category is being used to avoid pursuing a proper H-1B or other long-term employment visa.

Consult a B-1 in lieu of H-1B Visa Lawyer

Because the B-1 in lieu of H-1B visa is highly discretionary and may vary in interpretation from one U.S. consular post to another, careful preparation is essential to improving your chances of success.

Contact us today to schedule a consultation with an experienced U.S. immigration attorney and determine whether the B-1 in lieu of H-1B visa is the right option for your business needs.Alternatively, you can book a consultation online through our booking platform.