In immigration, it is quite rare to find countries providing an intermediate solution between the business visa (which does not authorize work) and the work permit (which is generally long, complex and expensive). As a result, companies often find themselves caught between complying with the country’s immigration law and meeting operational obligations, which mean that the person “absolutely must arrive as soon as possible.” It is up to the immigration expert to set things straight, to provide the information that will allow the company to make a decision and manage the risks, and of course, to offer solutions when they exist. And for the United States, the not-so-well-known “B1 in lieu of H1B” can be one of them!
B1 in lieu of H1B : what is it?
The “B1 in lieu of H1B” means that instead of obtaining an H1B, which is one of the most popular work permits in the United States but with quite drastic conditions (quotas, long issuance period,…), one applies for a B1 (another name for the tourist/business visa)… but a B1 which authorizes to work for a specific period and mission, for which one has specific skills.
It is therefore neither a business visa nor a work permit – it is an in-between solution that can be extremely practical when, for example, you want to send an expert on a mission that will last a few months and you cannot do so under an intra-group L1 permit, an E2 permit or an H1B permit, for reasons of delay or non-compliance with the criteria of these permits.
Important : for a long stay in the US, the B1 in lieu of H1B is not applicable. Be compliant with the US immigration law.
Conditions
The “B1 in lieu of”, for short, allows companies to place an employee within an American company, on a temporary basis and for a very specific purpose.
- The salary remains paid by the home entity – no salary is to be paid by the US entity (reimbursement of expenses incurred by the stay in the United States is accepted)
- The length of stay is limited (usually 6 months)
- The sending company must have a link with the host company in the United States: ideally intra-company (entities of the same group). A commercial relationship such as a contract for the provision of services may be accepted, subject to conditions.
- The applicant must prove his or her ties to the sending country, so that he or she is not suspected of wanting to stay in the United States longer than authorised
- A bachelor degree, preferably related to the mission, is required
- Evidence of their expertise related to the mission must be provided, and documentation attesting to why this person is needed for that mission must be produced
The process
- The file must be put together precisely, as well as the the letters necessary for it to be accepted;
- Once ready, the application must be submitted to the appropriate U.S. Consulate, in person (biometric fingerprinting);
- In the event of a positive decision, and according to the deadlines of the said Consulate, the stamped passport will be returned within a few days.
The B1 in lieu of H1B is usually issued for 10 years.
Do you think that the B1 instead of H1B could be the solution to some of your immigration problems? Contact us to discuss it! oui@oui-immigration.com
