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What is a special annotated B-1 in Lieu of H-1B Visa?

 

This is a temporary business visa that permits an employer to send an employee in an executive or managerial position, or an employee that possesses specialized knowledge or skill to the U.S., to work on a specific contract or project that the employer has with a company in the U.S.

Purpose of the B-1 in lieu of H-1B: This visa is intended to provide employers with flexibility in sending employees to the U.S. to perform H-1B-type tasks of short duration. This category is not a substitute for the H-1B category and it is inappropriate to have an employee in this status for an extended period of time.

Limitations: 

  • The foreign company must compensate the employee;
  • There is no derivative spousal visa;
  • Trends show that renewal of this type of visa more than once can result in a denial.

Length of Visa: The visa can be issued for up to 14 months, but it is unlikely that the visa will be issued for more than 12 months at the U.S. embassy in London.

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