Get 9 Fam 42.42 Notes - Us Department Of State - State

The B-1 in lieu of H-1B visa is a relatively rare visa category that is essentially a subset of the B-1 business visa category. Unlike the traditional B-1 visa, however, the B-1 in lieu of H-1B visa allows a foreign employee to engage in short term employment in the United States.

To qualify for a B-1 in lieu of H-1B visa, the employee must be employed by the foreign entity, the employing entity must pay the employee's salary, and the source of the employee's salary must be abroad.

Under the 90-day rule, there's a presumption of misrepresentation (fraud) if a person violates their nonimmigrant status or engages in conduct inconsistent with that status within 90 days of entry. This rule only applies to nonimmigrants with visas or statuses that do no carry an allowance for immigrant intent.

Who is a derivative beneficiary? A derivative beneficiary is an alien who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship.

The B in Lieu of H-1B Visa is a B-1 Business Visitor Visa, with a special annotation by a U.S. Consulate abroad ("B-1 IN LIEU OF H, PER 9 FAM 402.2-5(F)"), allowing a foreign worker to enter the United States and work temporarily for a foreign employer on a discrete project.

B1 In Lieu of H3 The B1 Business Visitor Visa generally allows foreign nationals to enter into the U.S. to attend business meetings or seminars. Because of the nature of the B-1 visa, it can also be used in lieu of the H-3 trainee visa by employees who are participating in short-duration training programs.

a. (U) Introduction to VWP: The Visa Waiver Program (VWP) provides for visa-free travel by nationals of designated countries coming to the United States for tourism or business (B visa purposes) for a period not to exceed 90 days, provided the traveler meets the requirements in 9 FAM 201.1-4(C).

9 FAM 402.2-5(F) outlines circumstances in which an alien who would qualify for an H1 or H3 visa may be appropriately classified as B1. However, if the alien is classified as B1 in lieu of H1 or H3, he or she will be subject to all of the limitations of the B1 visitor for business category.