B1 In Lieu of H1B Visa
Complete Guide: Sending Employees to the United States with the B1 In Lieu of H1B Visa
The B1 in lieu of H1B visa is the U.S. visa that must be processed to send workers to provide services under a contract between a Spanish company and an American company.
It is essential to clearly state that the employee will not receive any type of payment from a U.S. source in order to qualify for this visa.
It is also important to demonstrate a high level of qualification, which can be proven with a university degree or equivalent professional experience.
Traveling with a B1 “in lieu of H1B” visa ensures that there will be no issues upon entering the country or at the workplace, as it explicitly authorizes the holder to work for the American company that has purchased the services.
B1 In Lieu of H1B Visa
How to Apply for the B1 In Lieu of H1B Visa to Travel to the United States ?
Can the B1 In Lieu of H1B Visa Be Extended?
This visa can only be applied for while outside of the United States, meaning it must be processed before traveling.
The visa must be stamped in the passport, so the applicant must schedule an interview at the Consular Section of the U.S. Embassy in Madrid, as the U.S. Consulate in Barcelona does not issue visas.
This visa can not be extended.
If you need to remain in the U.S. for a longer period, you must leave the country and apply for a new B1 “in lieu of H1B” visa.
In principle, there is no restriction on how many times this visa can be requested per year.
What Is the Duration of the B1 In Lieu of H1B Visa?
The visa duration refers to the period during which the visa remains valid and can be used for travel.
For the B1 visa, the duration depends on the length of the work assignment but can be valid for up to 10 years.
Maximum Stay, Number of Entries, and Exits:
The maximum stay allowed in the U.S. when entering with a B1 “in lieu of H1B” visa is 6 months, although the final decision is made by the U.S. Customs and Border Protection officer at the port of entry, who will indicate the authorized stay on the I-94 form.
There is no limit on the number of B1 visas that can be applied for per year, nor on the total number of days one can spend in the United States within a year.
Processing Time and Visa Fees
The processing time refers to how long the U.S. government takes to issue a B1 visa.
The average processing time varies depending on the time of year but is typically around 5 calendar days from the date of the interview.
However, depending on the workload at the consular section, the interview itself could take several months to schedule. In some cases, there may be no available appointments, requiring applicants to wait longer.
If the delay becomes excessive, it may be possible to request an emergency appointment.
It’s important to note that preparing the required documentation can be complex and may take several days. Therefore, it is recommended to begin the visa process 2 to 3 months before the planned travel date.
To verify the official visa fee charged by the U.S. government for processing the B1 in lieu of H1B visa, visit the official U.S. Department of State Visa Fees page, as fees are subject to change.
Frequently Asked Questions – B1 In Lieu of H1B Visa ?
Everything You Need to Know to Apply for Your U.S. Visa
The B1 visa is a non-immigrant visa intended for individuals seeking to enter the United States temporarily.
It is divided into two main categories:
The B1 Visa, designed for business purposes, such as attending meetings, conferences, or negotiating contracts.
The B2 Visa, intended for tourism, visiting family members, or receiving medical treatment in the U.S.
The B1 Visa is designed for individuals traveling to the United States for temporary business purposes, such as business meetings, professional consultations, or attending conferences.
It also allows applicants to participate in specific commercial activities without the intention of establishing permanent residence in the country.
The permitted length of stay in the United States with a B1 Visa may vary, but it is generally up to six months.
However, the exact duration is determined by the immigration officer at the port of entry.
It is important to comply with the visa conditions and not exceed the authorized period of stay.
The B1 and B2 visas for the United States serve different purposes.
While the B1 Visa is intended for temporary business visits — such as meetings, conferences, or equipment installation — the B2 Visa is designed for temporary visits for tourism, leisure, or medical treatment.
Both are non-immigrant visas and each has its own specific requirements and restrictions.
The B1 in lieu of H1B visa is intended for employees of foreign companies who need to perform technical, specialized, or professional tasks in the United States for a short and limited period (typically up to six months), without joining a U.S. entity.
Eligible positions generally include:
Engineers, technicians, or specialists sent to the U.S. to carry out installation, supervision, or training related to their company’s equipment, systems, or products.
Consultants or qualified professionals providing temporary assistance on specific projects for U.S. clients, while remaining employed and paid by the foreign company.
Personnel from multinational companies participating in meetings, audits, project coordination, or the transfer of technical knowledge.
Holders of a B1 in lieu of H1B visa are not allowed to receive direct payment from a U.S. entity, nor perform duties equivalent to those of a local employee. The employment relationship must always remain with the foreign employer.
To obtain a B1 or B2 visa for the United States, you must complete the DS-160 form, pay the required fee, and schedule an appointment at the U.S. Embassy or Consulate in your country.
You should also prepare the necessary documentation, such as travel details, proof of financial means, and evidence of ties to your home country.
It is important to attend the consular interview and then wait for the final decision.
The applicant must remain on the payroll of a foreign company, hold a university degree or equivalent qualification in the relevant field, and the service duration must be temporary, typically less than six months.
The B1 in lieu of H1B visa is faster to process and does not require a petition to USCIS, making it a more accessible option for foreign companies that need to send employees to the United States for short-term projects.
In addition to the standard B1 visa documents, the applicant must provide proof of employment with the foreign company, employment contracts, evidence of payment from the foreign employer, and details demonstrating the temporary nature of the project.
No. The employee must remain on the payroll of the foreign (Spanish) company.
Yes, in exceptional and justified circumstances — such as project delays or medical reasons — it is possible to request an extension through USCIS.
The standard B1 visa is used for business travel without providing services, while the B1 in lieu of H1B visa allows the holder to perform technical or consulting activities under a foreign contract.
Yes. We offer coordinated management for the relocation of multiple employees or simultaneous projects.
Fast-track processing & compliance review
Support for multi-country projects
U.S. immigration consultants based in Europe
Any questions? Contact our team
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