Hybrid Visa is Alternative to H1B Visa

Hybrid Visa is Alternative to H1B Visa

Last year, the 65,000 slots for H-1B visas were filled within the first five days of the lottery process. The USCIS anticipates that this year will be the same — with almost 250,000 petitions competing for those 65,000 available H-1B visas.

There is an alternative to the H1B visa that many U.S. employers have begun to revisit: the “B-1 in lieu of H-1B” visa. Traditionally, the B-1 visa has allowed foreign nationals to come to the U.S. for temporary, work-related activities. This typically included conducting business meetings or attending an industry conference — work that the USCIC has labeled “unproductive.”

The “B-1 in lieu of H-1B” visa recognizes situations where a foreign national who may otherwise qualify for an H-1B visa might be more appropriately classified as a B-1 visa applicant. This occurs when someone is coming to the U.S. temporarily to conduct business related to their overseas employment while remaining on the payroll of the oversea company.

To qualify for a “B-1 in lieu of H-1B” visa, applicants must:

• Be employed and paid by a foreign entity, with no U.S. source of income;
• Plan to work temporarily in the U.S. (typically no longer than six months) and return to their home country when the work assignment is completed;
• Have a bachelor’s degree or equivalent;
• Plan to do H-1B caliber work or training.

Another advantage of the “B-1 in lieu of H-1B” visa is that applications are filed with the U.S. Embassy in the applicant’s home country, not with the USCIS.   One of the requirements of obtaining the “B-1 in lieu of H-1B” visa include supplying a letter from your foreign employer and the U.S.-based company that details the work to be performed, the duration of your stay and how you will be compensated. In addition, you must fulfill all the requirements of obtaining a B-1 visa.

The “B-1 in lieu of H-1B” visa offers U.S. employers the opportunity to acquire the specialty occupation skills of an H-1B worker without having to compete in the H-1B lottery. An experienced business immigration attorney can advise you on whether a “B-1 in lieu of H-1B” visa is the right alternative for your company.

A Florida immigration lawyer can help you understand the process for obtaining visas to visit and conduct business in the U.S. Contact one of the experienced Florida immigration attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

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