The “B-1 in lieu of H-1B” annotation: a strategic pathway for temporary U.S. service delivery

Key requirements

To qualify for a B1 visa with this annotation, the applicant must meet several essential criteria:

• The applicant must remain employed and paid by a foreign entity throughout their stay in the U.S.
• The foreign company must demonstrate a legitimate business interest in the U.S. project or collaboration.
• The work must be temporary in nature and must not constitute direct entry into the U.S. labour market.
• The individual must possess the equivalent qualifications typically required for an H-1B petition, often a bachelor’s degree or higher in a specialised field (i.e. a Subject Matter Expert).

You’ll find further details, examples, and compliance considerations in our dedicated article on the B-1 in lieu of H-1B visa.

Strategic benefits for businesses

This visa category offers multiple advantages for companies operating across borders:

• Faster processing: It avoids the lengthy H-1B petition process and associated lottery-based cap limitations.
• Flexibility: Particularly suited for short-term technical or consulting projects.
• Lower cost: Considerably reduces legal and immigration expenditure.

This annotation is especially valuable for consulting firms, engineering companies, technology providers or auditors needing to send highly skilled personnel to the U.S. for a limited period, while maintaining their home employment relationship.

Companies operating in industrial sectors may also benefit from related short-term solutions, such as the B-1 visa for industrial workers.

Risks and limitations to consider

Despite its flexibility, the B-1 in lieu of H-1B visa comes with strict conditions:

• The foreign professional cannot receive direct remuneration from a U.S. source.
• There must be no intent or pathway to long-term employment within the U.S. under this status.
• Misuse may lead to visa revocation, inadmissibility findings or corporate liability.