B1 Visa for Professional Workers?

The B1 in lieu of H1B nonimmigrant visa status provides a special exemption to the work restrictions that typically apply to the B1 business visitor. This exemption allows foreign professionals working in specialized occupations who would otherwise be eligible for an H-1B visa to perform productive work on a B-1 visa, so long as the work is being performed for the benefit of their foreign employer.

Especially given the Trump administration's Executive Order, set to take effect on June 23, 2020 through until January 2021, limiting the entry of H1B and L1 Visa holders, the B1 in Lieu of H1B is one of the options that must be considered as part of the arsenal utilized to get workers into the U.S.

B1 in Lieu of H1B Visa Eligibility

Business visitors working in the U.S. on a ‘B1 in lieu of H1B’ visa status must be employed and compensated by foreign companies during their stay in the United States. Unlike the H1B, these skilled workers are not allowed to be primarily employed by U.S. companies. Eligible firms must have an office abroad and this office must be the source of the B1 visitor’s compensation.

As under the typical B1 visa status, B1 in lieu of H1B visitors must intend to leave the country after their temporary visit. As such, they must maintain their personal residence outside of the United States for the entire duration of their stay. Like H1B workers, these foreign nationals must also have the correct background and the appropriate educational qualification (bachelor’s degree or higher) for their specialty occupation. 

The proposed position of employment must qualify as that of a specialty occupation as is the case with the standard H1B visa. For the H1B, the most basic criteria for a position’s qualification as a specialty occupation is that the role require at least a bachelor’s degree (or an equivalent) as a background for someone to have sufficient knowledge to complete the job duties.

B1 in Lieu of H1B Visa Approval Period

  • Initial approval: Six-month initial stay;

  • Extensions: Six-month increments, up to a maximum stay of one year (foreign national must exit and re-enter the U.S. after expiration of approved length of stay);

  • Maximum period of stay in B-1 in lieu of H-1B status is determined by the approved validity period and country of origin.

B1 in Lieu of H1B Visa Dependents

There is no specific visa status available for the dependents of B-1 visa holders. Accompanying dependents must apply separately for another visa status.

Next Step: Get Help Understanding The B1 in Lieu of H1B Visa

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Disclaimer: The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation. Legal standards and rules often change.

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