B-1 in lieu of H-1B Project Visa
Project assignments and special tasks
B-1 in lieu of H-1B Project Visa
As a hybrid of the B-1 business visa and H-1B skilled worker visa, the B-1 in lieu of H-1B is not listed as a separate visa category, but must be explicitly applied for with a U.S. consular officer as part of the visa interview. This category allows foreign companies to temporarily send their employees to the United States to perform duties related to their foreign employment
FAQ
Frequently asked questions
To make the process easier for you, we have compiled the most frequently asked questions and answers. Here you will find everything you need to know about the requirements, the application process and the benefits of this special visa. If you have any further questions, please do not hesitate to contact us.
What is a B-1 in lieu of H-1B visa?
A B-1 in lieu of H1B is intended to provide foreign employers with the flexibility to send employees to the U.S. to perform H-1B-like tasks of short duration without first having to incur the complex administrative procedures and costs of obtaining H-1B petition approval. This is particularly useful for employers without U.S. offices who cannot file H-1B petitions for such workers. This can also be a helpful provision if the H-1B cap has been exhausted but appropriate services are needed in the interim. This category is not a substitute for the H-1B category, and it is inappropriate to utilize the services of an employee in B-1 status for an extended period of time. At most, the B-1 in lieu of H-1B visa can be used for 6 months. Like all other subcategories and exceptions of the B-1 visa, the B-1 in lieu of H-1B visa does not include work authorization. However, with this special B visa, skilled workers can work on a clearly defined project in the USA for up to 180 days under certain conditions.
What are the requirements for applying for a B-1 in lieu of H-1B visa?
To be eligible for the B-1 in lieu of H-1B, the proposed work activity must coincide with employment in the home country. Furthermore, the applicant must have a bachelor's degree relevant to the services to be performed or an equivalent combination of education and experience. And the employee's salary must be paid by the foreign company; the remuneration must not come from a US source. The only exception to this is the reimbursement of costs associated with the temporary stay.
What kind of work can someone with a B-1 in lieu of H-1B visa do?
With the B-1 in lieu of H-1B visa, skilled workers can work on a clearly defined project in the USA for up to 180 days under certain conditions. Holders of a B-1 in lieu of H-1B visa can therefore carry out activities in the USA for which a work visa would actually be required.
What is the difference to an H-1B visa?
An H-1B visa allows a U.S. employer to hire a foreign worker for a "specialty occupation," while a "B-1 in lieu of H-1B" visa is a special category of the B-1 visa for business travelers that allows a foreign worker to perform short-term work in the U.S. that is comparable to H-1B work. The main differences are who pays the salary (U.S. employer for H-1B, foreign employer for B-1 instead of H-1B) and the requirement of a U.S. job offer (required for H-1B, not required for B-1 instead of H-1B).
How long do I have to wait to get an interview appointment for a B-1 in lieu of H-1B?
On average, it takes 37 days to get an appointment at one of the American consulates in Germany.
To check the current waiting times for visas in Berlin, Munich or Frankfurt, please use this website. Here are the waiting times for Interview Required Visitors (B1/B2): https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html