B in Lieu of H: Who can Benefit from it
In the multifaceted world of U.S. immigration, navigating visa categories and their unique requirements can be a daunting task. Among the various options, the concept of a B visa in lieu of an H-1B visa has emerged as a popular alternative. But what exactly does this entail, and who can benefit from it? In this blog post, we’ll explore the intricacies of this visa option and clarify common misconceptions.
- What Is the B in Lieu of H-1B?
First and foremost, it’s crucial to recognize that there’s no distinct “B in lieu of H” visa category as such. Rather, it falls under the umbrella of a B visa but is designed for specific circumstances that may involve activities resembling work.
The Foreign Affairs Manual (FAM) permits the issuance of a B visa in particular, limited situations that allow an individual to carry out specific activities. Consular officers may choose to mark the visa as “in lieu of H-1B or H-3” if the required activities closely resemble work, potentially leading to confusion at the port of entry. However, if the activities align with what’s allowed for a B visa holder according to the FAM, the consul can approve the visa.
- How Does It Work?
Consular officers view the B in lieu of H as an acknowledgment of the complex reality that many business-related activities in the U.S. don’t fit neatly into either a business or employment-authorized visa category. This perspective hasn’t changed, but officers must be able to identify that a person who needs to work while being a business visitor is permitted to do so under the regulations.
The B-1 in lieu of H-1B category allows foreign companies to temporarily place one or more employees at a U.S. location for the purpose of performing job duties similar to those that would fall under the H-1B category. The foreign company must pay the worker’s salary, with no funds coming from a U.S. source, except for reimbursement of incidental expenses related to the temporary stay.
- Who Can Benefit From This Visa?
This unique visa category offers an attractive alternative for foreign companies and their employees who need to engage in specific business activities in the U.S. that don’t neatly fall into the traditional business or employment-authorizing categories.
- Conclusion
The B visa in lieu of H-1B is not a separate or special category, but rather an extension of the B visa tailored to particular circumstances. By understanding the specific requirements and limitations, applicants and their employers can leverage this option to fulfill short-term business needs in the U.S. without the complexities of obtaining an H-1B visa. Notwithstanding DOS past proposals to eliminate this category it continues to survive.
For personalized assistance or further clarification on this subject, please consult with an experienced immigration attorney who specializes in U.S. visa law.