B-1 In Lieu of H-1B Visa
B-1 in Lieu of H-1B Visa (USA): Send UK Professionals to Deliver a US Contract — Without ESTA Border Risk
Deploy degree-level professionals from the UK (or other countries) to the United States to perform H-1B-type services on a short, clearly defined project under a contract between a foreign company and a U.S. client—while the worker remains employed and paid abroad.
Pay only after approval (terms apply). Fixed-fee options. Clear deliverables.
B-1 in Lieu of H-1B at a Glance
- Visa type: B-1 visitor visa with required annotation (“B-1 IN LIEU OF H, PER 9 FAM 402.2-5(F)”).
- Who it’s for: Professionals who would normally be classifiable as H-1 (specialty-occupation level), travelling temporarily to perform H-1 services but paid from abroad.
- Key rule: No U.S.-source salary/remuneration (expense reimbursement may be allowed).
- Typical use cases: Delivering a short, discrete project for a U.S. client under a contract with a UK/foreign company (often called “contract work in the U.S.” but structured as foreign employment).
- Border reality: A visa can reduce uncertainty, but CBP still makes the final admission decision at the port of entry.
- UK-market focused support
- Fixed-fee options
- Clear document checklists
- Secure handling
- Pay after approval (terms apply)
INDEX:
- What is the B-1 in Lieu of H-1B Visa?
- ESTA vs B-1 in Lieu of H-1B: the difference that matters at the airport
- Who it’s for: sending UK professionals to the USA
- Eligibility requirements (the “non-negotiables”)
- H-1B comparability: what level of worker qualifies
- How to Apply from the UK (Step-by-step)
- Costs & government fees
- Border-Readiness Pack (what we make “easy to inspect”)
- Common Refusal Reasons (and how we reduce risk)
- Why work with us + Pay After Approval
What is the B-1 in Lieu of H-1B Visa?
The B-1 in lieu of H-1B is not a separate visa category you select in a form. It is a B-1 visitor visa issued in specific circumstances for applicants who would normally qualify for H-1 (or H-3), but who can be classified as B-1 because the work is structured as foreign employment, with foreign payroll, and no U.S.-source salary.
The Foreign Affairs Manual (the U.S. State Department’s adjudication guidance) explicitly addresses “Applicants Normally Classifiable H-1 or H-3 (B in Lieu of H)” and states the applicant must not receive salary from a U.S. source, and that remuneration for services in the U.S. must continue to be provided by the business entity abroad.
ESTA vs B-1 in Lieu of H-1B: the difference that matters at the airport
Many UK travellers could enter under ESTA for certain business visits, but “I’m going to do work on a U.S. project” is where things go wrong. If a traveller arrives on ESTA and describes activities that sound like employment, the officer may question whether the traveller is using the correct category.
The B-1 in lieu of H-1B approach is designed for cases where the traveller will perform H-1-type services but remains a foreign employee on foreign payroll, with the visa correctly annotated for this purpose.
Important (always accurate): A visa does not guarantee entry—CBP decides admission at the port of entry.
Who it’s for: sending UK professionals to the USA
“How do I send UK staff to the USA to deliver a contract?”
This route is built for UK or foreign companies that have signed a contract with a U.S. company and must deploy skilled staff to the U.S. to deliver part of the contract on-site.
Common scenarios:
- Project-based client delivery (consulting, engineering, implementation)
- Specialist professional services for a defined timeframe
- U.S. client requires on-site presence for a phase of delivery
- Repeated short deployments where ESTA explanations create risk
This works best when the company can clearly show:
- the worker remains employed by the foreign firm
- the worker’s salary is paid from outside the U.S.
- the role is H-1B level (specialty-occupation calibre)
Eligibility requirements (the “non-negotiables”)
To qualify under the “B in lieu of H” guidance, the case must be structured around these core points:
The FAM is clear: the applicant must not receive salary or remuneration from a U.S. source other than reimbursement of incidental expenses.
To be treated as a “foreign firm”, the employer must have an office abroad and payroll disbursed abroad; the employee must be customarily employed by the foreign firm and paid from abroad.
This route is not for low-skilled or low-qualification roles. It is designed for workers who are H-1 calibre, meaning the underlying services are specialty-occupation level (typically degree-level knowledge).
Visas issued under this guidance must be annotated: “B-1 IN LIEU OF H, PER 9 FAM 402.2-5(F)”.
H-1B comparability: what level of worker qualifies
What does “H-1B level” mean in practice?
H-1B specialty occupations generally require the theoretical and practical application of specialised knowledge and at least a bachelor’s degree (or equivalent) in a directly related specialty.
So, for B-1 in lieu of H-1B, we typically expect:
- role duties that look like a specialty occupation
- credible evidence of qualifications and experience alignment
- a project scope that is finite and consistent with temporary visitor intent
How to Apply from the UK (Step-by-step)
- Eligibility & risk screening (role level, payroll, contract structure, timeline)
- Build the contract + payroll + role evidence file and interview narrative aligned to 9 FAM 402.2-5(F).
- DS-160 and consular appointment scheduling
- Interview preparation + “ready to inspect” pack for travel
- Travel and port-of-entry preparation (clear, consistent explanation)
Note on timing: Some practitioners have reported increased centralised review for these cases in recent months, which can add time after interview before issuance.
Costs & government fees
B-1 visitor visas use the standard visitor visa fee (currently published as $185).
We quote fixed professional fees separately and clearly.
Border-Readiness Pack (what we make “easy to inspect”)
For this category, success depends on clarity. We typically structure:
- Contract / SOW showing deliverables, project duration, U.S. site(s), and why on-site is required
- Employer letter confirming foreign employment, foreign payroll, and purpose of travel
- Client letter confirming the project and need for on-site presence (recommended)
- Compensation proof showing no U.S.-source salary
- Role + qualification evidence showing H-1B-level professional services
Common Refusal Reasons (and how we reduce risk)
Typical pitfalls:
- The role looks non-professional / not specialty level (wrong worker profile)
- U.S. entity appears to be the true employer / payroll looks U.S.-based
- Scope is open-ended (doesn’t read “temporary”)
- Contract doesn’t match what the traveller says at interview or border
- The activity looks like standard U.S. employment rather than foreign contract delivery
At Corporate Visa Solutions, we reduce risk by screening cases hard up-front and building a consistent, document-led narrative.
Why work with Corporate Visa Solutions + Pay After Approval
You do not pay our professional fee until the visa is approved (terms apply).
You receive:
- fixed-fee quote upfront
- written scope + deliverables
- structured evidence plan + checklists
- interview + border-prep pack
DO YOU NEED HELP?
Frequently Asked Questions (FAQs)
The B visa is a nonimmigrant category that allows temporary entry into the United States for business purposes (B-1) or tourism and personal travel (B-2). It is intended for short stays that do not involve productive employment or receiving financial compensation from a U.S. company.
It’s a B-1 visitor visa issued in certain cases for applicants normally classifiable as H-1/H-3, where they remain paid by a foreign employer and receive no U.S.-source salary; it requires a specific annotation.
Sometimes travellers can, but describing “work” at the border can trigger scrutiny. For projects requiring on-site contract delivery, this visa strategy is often the lower-risk option—while still subject to CBP admission decisions.
It can allow H-1B-type services in a narrow, temporary, foreign-employment structure. If the U.S. entity is paying salary or acting as the employer, you’re likely in true work-visa territory instead.
Roles that are not specialty-level (low qualification/low training), cases with U.S.-source salary, or projects that look like standard U.S. employment generally don’t fit.
The B-1 visa is designed for short-term business travel, such as attending meetings with clients, participating in conferences, conducting professional consultations, or carrying out specific commercial activities.
It does not allow individuals to reside in the U.S. or perform paid work for a U.S. employer, but it does permit participation in legitimate business activities on behalf of a UK-based company.
The authorized stay is generally up to six months, although the exact length is determined by the immigration officer at the port of entry. Visitors must comply with the end date indicated on the entry stamp or on Form I-94.
The B-1 in Lieu of H-1B visa is intended for employees of a UK company who need to perform technical, specialised, or professional services in the United States for a limited period, typically less than six months.
Eligible activities often include technical installation or supervision, knowledge transfer, specialised consulting, or temporary project support for a U.S. company.
The employee must not receive remuneration from a U.S. source and must remain employed and paid by the UK company.
The applicant must:
Remain on the payroll of a UK-based company
Hold a university degree or equivalent professional experience related to the role
Travel to the U.S. to provide a temporary service under a contract between the UK company and a U.S. company
The stay is usually limited to less than six months.
The B-1 in Lieu of H-1B is generally faster to obtain because it does not require a prior petition with USCIS, unlike the H-1B visa.
It is a practical solution for UK companies that need to deploy skilled professionals to short-term projects in the U.S. without the longer timelines and higher compliance requirements of the H-1B route.
In addition to standard B-1 documentation, applicants must provide:
Proof of employment with the UK company
Evidence that salary is paid exclusively by the UK employer
A copy of the services agreement between the UK and U.S. companies
Documentation confirming the temporary nature of the assignment