A B-1 in lieu of an H1-B permits an employee of a foreign company (this is a company outside the United States), to enter the United States and do activities much broader than those permitted under B1 business visa. This visa should not be used as a substitute to circumvent doing an H-1B visa.
A B-1 in lieu of a J AND B-1 in lieu of an H3 are also permitted. Caro discusses these in audios on our website or schedule a consultation to learn more. They are a hidden gem many people don’t know about.

An applicant under a B-1 in lieu of an H-1B must otherwise qualify for H1 status. My office will typically review your resume, which will include your previous experience and/or your academic background and determine whether you are H1B eligible. The applicant must engage in hands-on work that would require an H-1B. The work must meet the H-1B specialty occupation standard.

If you are eligible for H1B status, then under the B1 in lieu of an H-1B, you will be permitted to come into the United States, but you won’t be permitted to be paid or remunerated inside the States. Remember, you are employed by your foreign company, so you can come in and you will be able to do hands-on work that would require the same qualifications as if you were in H1B status, however you are to be paid by the foreign company.

The important distinction here is when you enter under a regular business visa, you cannot do any hands-on work; that is not permitted. But when you enter under a B1 in lieu of an H-1B visa, you are permitted to do hands-on work.

This visa will permit you to come in initially for up to six months, and you can either request an extension inside the States or return to your home country and use the visa again to re-enter at a later date. You will be permitted to re-enter, depending on how long the initial B1 in lieu of an H1B visa was granted to you by the consular officer.

Why is the B1 in lieu of an H1B visa such a lucrative, important visa for companies:
It is very important because an H1B visa can take many months to be adjudicated by USCIS and it is a lottery-based visa with many restrictions on when you can file for it etc. Unlike the BILOH-1B you apply for it anytime at the consulate.

You must overcome 214(b) discussed within our website. We invite you to listen to audios on our website and/or schedule a consultation to speak to Caro about this visa.