US IMMIGRATION - B-1 LIEU OF H-1B : DOING
BUSINESS IN THE US
This visa is somewhat unusual as it allows the holder to work in
the US, yet does not require the filing and approval of a petition to the US
Citizenship and Immigration Services like most work visas do. It also does not
involve a US employer. This may in rare circumstances cause problems when the
holder enters the US. Please consult with one of our US immigration specialists
for more information concerning this issue. Find out if you qualify
here.
Which Companies Can Use This Visa for its Employees?
The most common B-1 in lieu of H-1B visa scenario involves a
foreign (non-US) company having a contract or agreement with a US client or
customer to perform services in the US.
Which Employees Can Be Sent to the US on a B-1 in
lieu of H-1B Visa?
This visa is for highly specialized and professional employees only. While they
are in the US on this visa, they should continue to be employees of and
salaried by the foreign company. The visa holder should also return to his/her
regular employment with the foreign company after the project in the US has
been completed.
How Long Can B-1 in lieu of H-1B Employees Stay
in the US?
Generally, the visa will be issued for any period of up to 12
months (14 is normally the absolute maximum). Should longer periods in the US
be necessary, please contact us for more information.
How to Obtain a B-1 in lieu of H-1B Visa
Each case must be well documented with supporting evidence
proving that all legal requirements have been met. The relevant US Consulate or
Embassy will then adjudicate the visa application. Dependents of the visa
holder (spouses and children) cannot obtain dependent visas although they may
be able to get B visas. Please contact us for more information regarding
dependents.
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