B-1 in Lieu of H-1B Visa

Often a company is required to send an employee to the United States urgently for a temporary assignment.  Time is critical, as delay can cause losing out on a contract, or even worse, financial loss.  Fortunately, the B1 in lieu of H1B visa is available for qualified applicants.
 
The B1 in lieu of H1B visa is a nonimmigrant visa applied directly through a US embassy or consulate.  It is a quick (but temporary) solution for getting a foreign employee into the United States to perform productive work.  The B1 in lieu of H1B visa covers a great deal of business activities, as the Visa Waiver Program (ESTA) is extremely limited in what one can do whilst visiting the US for business purposes.

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

To qualify for the B1 in lieu of H1B visa the employee to be sent to the US must meet the following requirements:

• The employee or director must be a skilled worker and meet the ‘specialty occupation’ requirement of a standard H1B visa
• The employee or director needs to have a degree equivalent to a US 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
• The employee or director cannot be paid directly by a US source (there is no rule against the US client or individual paying the foreign company which in turn pays the employee or director)

Good to know

Along with a quick processing time and relatively low cost, the B1 in lieu of H1B visa offers flexibility in structuring the temporary project.  A foreign company can send an employee to the States to work with one of their clients or even a US subsidiary or affiliate company of the foreign parent.
 
The B1 in lieu of H1 visa is a bridge visa and should not be relied on for extended period of time.  The visa is typically issued for a maximum period of one year.  While it’s possible to get another B1 in lieu of H1 visa immediately after expiration, keep in mind the risk of refusal increases if the consular posts believes you are attempting to circumvent obtaining a proper H1B visa.

The Barella Global Advantage

The B1 in lieu of H1B visa is applied directly through the visa applicant's appropriate Embassy or consulate.  Given our location in Europe, Barella Global has extensive experience representing clients throughout the various consular posts.  Perhaps the greatest advantage of the B1 in lieu of H1B visa is the quick processing time.  Most cases are completed within three to four weeks.​
 
For additional information or to speak with US business visa lawyer, contact Barella Global in Brussels or London to arrange a consultation.  

"The B1 in lieu of H1B visa is quick and effective visa to temporarily enter the US to perform productive labor on behalf of a foreign company.  Processing time is typically three to four weeks. "

Contact Our B1 in lieu of H1B Visa Lawyer