U.S. State Department Proposes Rescinding B-1 in Lieu of H-1B Visa Policy
On October 21, the U.S. State Department proposed rescinding the "B-1 in lieu of H" policy, which would eliminate the B-1 visa option used as an alternative to H-1B. The visa allows employees of foreign companies to work temporarily in the United States, with the State Department estimating 6,000 to 8,000 issued annually. The article compares B-1, this visa, and H status, and notes reporting by India Times and allegations by California's attorney general against Infosys.
On October 21, the State Department proposed to cancel the 'B-1 in lieu of H' policy, thereby eliminating the B-1 visa that can serve as a substitute for H-1B.
'B-1 in lieu of H' is a special type of B-1 visa that functions between B-1 and H-1B, issued to employees dispatched by foreign companies to work temporarily in the United States. The State Department estimates that approximately 6,000 to 8,000 such visas are issued each year. Compared with a regular B-1 visa, B-1 in lieu of H-1B allows the holder to work temporarily in the U.S. (regular B-1 does not permit work); compared with H-1B, the B-1 in lieu of H-1B holder cannot work for a U.S. company but only for the dispatching foreign company, and the validity period is generally 1 year, so it cannot be used for long-term work. A rough comparison is as follows.
Comparison of B-1, B-1 in lieu of H (BiH), and H Status
| Activity | B-1 | BiH | H |
|---|---|---|---|
| Participate in business activities such as training, negotiations, attending conferences, etc. | Allowed | Allowed | Allowed |
| Requires 'professional' status | No requirement | Required | Required |
| Work in the United States | Not allowed | Allowed | Allowed |
| Employed by a U.S. company and receive income from the U.S. | Not allowed | Not allowed | Allowed |
| Work in the U.S. 'long-term' | Not allowed | Not allowed | Allowed |
According to India Times, if the proposal is approved, it will affect 'hundreds of Indians.' In December 2019, the California Attorney General accused the Indian IT outsourcing company Infosys of funding about 500 employees to work in the United States on B-1 status instead of H-1B.
