What is the B in lieu of H-1B visa?
Photo by Erik Odiin on Unsplash. The B in Lieu of H-1B Visa is a B-1 Business Visitor Visa, with a special annotation by a U.S. Consulate abroad ("B-1 IN LIEU OF H, PER 9 FAM 402.2-5(F)"), allowing a foreign worker to enter the United States and work temporarily for a foreign employer on a discrete project.
What are the requirements for a B in Lieu of H-1B Visa?
A B in Lieu of H-1B is appropriate for the following scenario:
Foreign applicant works for a foreign company,
On a temporary project in the United States.
Foreign applicant has the appropriate skills to do the job,
And will be paid the prevailing wage for that job.
How is the B in Lieu of H-1B Visa different from the H-1B Visa?
The B in Lieu of H-1B is different in the following respects:
The applicant works for a foreign company.
The applicant is paid by the foreign company.
There is no Labor Certification requirement.
Short duration: about 6 months (the length typically granted to a B visa holder).
Application must be made at a U.S. consulate rather than at the U.S. Citizenship and Immigration Services (USCIS).
No change of status possible in the U.S. as the "in lieu" annotation can only be made at a U.S. consulate.
No dependent visas, but family members joining the applicant may apply for their own B visas.
How is the B in Lieu of H-1B visa different from the B1 Business Visitor visa?
The B in Lieu of H-1B visa is different in the following respects:
The applicant may engage in productive work while in the United States.
Does not apply to Visa Waiver Travel.
No change of status possible in the U.S. as the "in lieu" annotation can only be made at a U.S. consulate.
However, the following B visa conditions must still be fulfilled:
The applicant must not receive compensation from a U.S. source; however, provision of accommodation or reimbursement of expenses incidental to a temporary stay are allowed.
The applicant's stay must be temporary, both per visit and in terms of the total duration of stay (in case of a multi-entry visa).
The applicant should still enter without immigrant intent or the intent to convert the stay to a long-term stay; for instance, the person should not look for employment in the U.S. job market.
If you are a foreign company interested in obtaining a visa for your employee or an employee in need of a visa for temporary work in the United States, please contact us. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
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