Under certain circumstances workers who would otherwise qualify for an H-1B visa can obtain a B-1 visa in order to perform certain activities while in the United States. This is commonly referred to as a B-1 in lieu of an H-1B. This option provides one of the few exceptions to working in the United States while in B-1 status. In order to qualify for a B-1 in lieu of an H-1B the applicant must be able to show the following requirements are met:
- They are customarily employed abroad, by a foreign entity.
- They will receive no wages from a U.S. source.
- The foreign entity has an office abroad and payroll is handled abroad. Some exceptions apply.
- Wages have been paid abroad and will continue to be paid abroad during the period of the B-1.
- The source of the wages is abroad.
- Must demonstrate that they meet the eligibility requirements for an H-1B.
B-1 in Lieu of an H-1B is a great alternative for those that qualify. Processing is quick, there are no quotas, and the applicant is able to work within the United States. If you have questions about obtaining a B-1 in lieu of an H-1B, we can help.
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