- INDEX (B-1 in Lieu of H-1B):
- What Is the B-1 in Lieu of H-1B Visa?
- Who Is the Ideal Applicant for a B-1 in Lieu of H-1B?
- When Is the B-1 in Lieu of H-1B Useful for Companies?
- Risks and Considerations
- Ideal Applicant Example for Corporate Visa Solutions’ Clients
- How Corporate Visa Solutions Supports Your Business
What Is the B-1 in Lieu of H-1B Visa?
The B-1 in Lieu of H-1B is a specialised subtype of the B-1 business visitor visa that allows a foreign employee to enter the United States temporarily to perform short-term, specialised professional activities that would usually fall under an H-1B visa.
This category is strictly limited, highly regulated and intended only for short, project-based assignments, not for long-term employment in the U.S.
Who Is the Ideal Applicant for a B-1 in Lieu of H-1B?
To qualify, the applicant must fit a very specific profile defined by U.S. immigration authorities. These are the core requirements:
1. Employed and Paid by a Foreign Company
The applicant must:
- Be employed by a non-U.S. company.
- Continue receiving salary from abroad.
- Not receive any U.S. source remuneration (except legitimate expense reimbursements).
This ensures the assignment does not constitute U.S. employment.
2. The Role Must Meet the “Specialty Occupation” Standard
The duties to be performed in the U.S. must be equivalent to those of an H-1B specialty occupation, meaning:
- The role requires at least a bachelor’s degree or equivalent in a specific field.
- The applicant must hold this degree or have professional experience equivalent to it.
This is one of the key elements that distinguishes this category from a standard B-1 visa.
3. Short, Clearly Defined Assignment
The stay must be:
- Temporary, normally less than six months.
- Purpose-driven, tied to a specific project.
- Supported by evidence of the applicant’s intent to return home, including residence, family ties or employment continuation.
4. Activities Must Be Linked to the Foreign Employer’s Business
The U.S. assignment must:
- Support the foreign company’s operations.
- Be related to an existing client, contract or project in the U.S.
- Not constitute direct employment by a U.S. entity.
Examples include installation, training, troubleshooting, system setup or specialist support for a U.S. client.
5. Full Compliance With B-1 Business Visitor Rules
Since this is ultimately a form of B-1 business visitor visa, applicants must satisfy:
- Legitimate business purpose.
- Non-immigrant intent.
- Limited duration of stay.
- Residence abroad maintained.
When Is the B-1 in Lieu of H-1B Useful for Companies?
This option is especially valuable when:
- A specialist is needed in the U.S. immediately and the H-1B route would take too long.
- The foreign employer lacks a U.S. entity to sponsor an H-1B.
- The assignment is too short to justify the cost and administrative burden of an H-1B petition.
- A project requires highly skilled technical staff on-site for a limited and clearly defined period.
For UK-based engineering, energy, manufacturing or technology firms, this route can be an efficient short-term solution.
Risks and Considerations
Although beneficial, the B-1 in Lieu of H-1B visa is among the most scrutinised categories. Companies should be aware that:
- Misuse can lead to visa denials, entry refusals or compliance issues.
- Not all U.S. consulates are willing to issue this visa; local policy varies.
- Officers will examine remuneration sources, employment ties and assignment duration carefully.
- Documentation must clearly justify why the assignment fits within B-1 parameters and not true U.S. employment.
Ideal Applicant Example for Corporate Visa Solutions’ Clients
For a UK manufacturing or engineering company, the ideal applicant profile might look like this:
- A UK-employed engineer or specialist with a bachelor’s degree in engineering.
- Assigned to a U.S. client site for a six-month implementation or installation project.
- Remains on UK payroll, with no U.S. salary or HR obligations.
- Travels for a specific, time-limited purpose connected to a UK-U.S. contract.
- Demonstrates strong ties to the UK and intent to return.
- Carries documentation supporting the B-1 in Lieu of H-1B classification: project details, credentials, employer information and assignment scope.
How Corporate Visa Solutions Supports Your Business
At Corporate Visa Solutions, we help companies determine whether the B-1 in Lieu of H-1B is the right strategy or if another route is more suitable. Our support includes:
- Eligibility assessment and risk analysis.
- Preparing employer letters, assignment descriptions and credential summaries.
- Ensuring payroll and employment structures comply with U.S. immigration rules.
- Guiding the employee through the consular interview and port-of-entry process.
- Advising on duration, extensions, compliance and long-term visa planning if the assignment evolves.
Looking to explore more strategic US visa options? Take a look at these related insights
