B-1 In Lieu Of H-1B Visa Explained

B-1 in lieu of H-1B visa

The “B-1 in lieu of H-1B” visa category allows overseas companies to send workers to the USA on a temporary basis on work-related issues. It is extremely useful for companies who need staff, but who have not got H1B visas yet.

The main difference with this type of US work visa is that the employee’s wages must be paid by the foreign employer and not by the American business. The visa process is faster and the B1 visa is not subject to an annual cap like the H1B visa nor does the employee need a labor condition application.

The B1 applicant must be qualified to at least degree standard and should also be working within a specialist job such as an engineer, medical doctor or within ICT.

To apply for this type of American working visa i.e H-1B visa, one needs to apply through the consulate and have an interview at the American Embassy where the applicant will be asked for proof of qualifications, nationality, and information about their employment. This visa has certain limitations such as having the salary being paid by the original employer, not by the US company that the applicant is doing work for, and there has to be adequate proof that the applicant has a full-time job abroad.

As this type of work visa is not widely used, some consulate officials are not overly familiar with it; the same goes for US Customs officials, so the applicant may have to take additional proof, in the form of a letter or contract to prove that they are not employed by the US business. The B1 visa lasts for up to and including six months, and they cannot bring a spouse or children with them to the United States.

So while this H-1B visa is handy for jobs where your company has a contract to do a short piece of work in the US, it is not a long-term solution if you want to immigrate to the USA.

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