crg

As a side note, 9 FAM 41.113 N31 states that an applicant cannot possess more than one concurrently valid visa of the same classification in the passport of the same type (Regular, Diplomatic, Official). The consular officer is supposed to cancel one of them and generally defer to the applicant's choice of which one is physically cancelled.

http://www.state.gov/documents/organization/87502.pdf

jeffreyhy

No I haven't found that, and the issue of gaining admittance was not what I was referring to.

What I found was this:
"The B-1 in lieu of H1B category is intended to provide foreign employers with the flexibility to send employees to the United States to perform H1B-type tasks of short duration, without having to go through the administrative complexities and costs of obtaining the H1B, which might prove prohibitive for a brief purpose. This is particularly useful for employers without U.S. affiliates, who would be unable to file H1B petitions for such workers. This can also be a helpful provision when the H1B cap has been exhausted, but appropriate services are needed in the interim. Of course, this category is not a substitute for the H1B category, and it is inappropriate to utilize the services of an employee in B-1 status for an extended period of time." (The emphasis is mine.)
http://www.murthy.com/2011/07/01/b-1...egory-survive/

I take this to mean that a B-1 or WB cannot perform at least some of the tasks that an H1B can perform. A B-1 in lieu of can perform such tasks, but is still limited to other B1 restrictions such as 6 months or less duration in the USA and the requirement to have a home to return to overseas.

Regards, JEff

jeffreyhy

Good find, thanks.

Regards, JEff

crg

The maximum initial period of admission for a B-1 is 1 year, not six months.

Gaining admission is the only thing that matters because a visa is merely permission to come to a port of entry, knock on the door, and ask to be admitted.

Lastly, according to this web chat from AmCon London, the VWP (WB) is even appropriate when seeking to perform work allowed under the B-1 in lieu of H-1B provisions. I have underlined for emphasis:

Q. We have been asked by a Us blue chip company to get our engineers
working visa's. The engineers work for a UK company that did the work for the UK arm of the US company. The work is specialised and the engineers will change around curing the installation and commissioning of the industrial equipment. We have been told a B1 in lieu of a H1B is the best visa to apply for is this correct?

A. If the engineers will install, service or repair commercial or industrial equipment or machinery sold by a company in the United Kingdom to a buyer in the United States, and the purchase contract requires that the UK company provide such services, then the B-1 visa or visa free travel under the Visa Waiver Program, (VWP) is appropriate. However, in such cases, the engineer(s) must possess the specialized knowledge essential to perform the services, receive no remuneration from a U.S. source, and the company must not receive any payment for these services in addition to that specified in the original contract of sale. If the proposed activities are not exactly as described, temporary work (H-2) visas will be required.

The "B-1 in lieu" annotated visa provides a warm fuzzy feeling to a point, but is not a requirement for people who already have a B1 or can use the VWP provided they can prove to the border guard that the work falls within the "in lieu" guidance.

jeffreyhy

Agreed, I stand corrected. Same for a B-2, according to CBP's IFM - 1 year maximum. However, B-2s are generally admitted for 6 months while a B-1 admission is to be for a period of time that is fair and reasonable for completion of the purpose of the visit. I shouldn't have confused the two. Not the only thing. Something that also matters is that what the alien actually does while in the USA is in accordance with the terms (the classification) of the visa used to request admission. This does not address the issue that the B-1 in lieu of H is used to allow a person to perform work that normally requires an H visa. The work that is the subject of this Q&A is permitted under the B-1 or WB classification, so of course B-1 is the appropriate visa. The questioner was given incorrect information when they were told that a B-1 in lieu of H1B was required for this particular work. The answer would be different had the questioner asked about work that requires an H1B.
Disagree. A person with a B-1 can be admitted if they can convince the CBP officer that the work they intend to perform falls within the scope of work allowed for the B-1 classification, but if the work they intend to perform normally requires H1B classification then they need a B-1 in lieu of H notation and they need to convince the CBP officer that they meet B-1 requirements including limited duration, foreign residence, and no remuneration from a US source. Regards, JEff

firehawk

thanks all.

I asked another law firm about the cancelation of the B1/B2 if I get a B1 in Lieu of H1B and she said no. They are a very well known firm from what I read as they have a branch in the US and the UK (and are pretty pricey too).

a B1 is different than a B1 in Lieu of H1B thus I don't think the B1 would get canceled because the B1, from reading here and general info on the london embassy website, that to do H1B work, you need that type of visa and differs from a B1.

so again... very confusing and unclear.

crg

I was reviewing the nonimmigrant visa issuance stats and was amazed at just how many of these extra special "B-1 in lieu of H1B" visas are issued each year.

As a side note, there are also B-1 in lieu J-1 visas and "in lieu" means instead. Such as, you don't need an H1B and can use the B-1 instead.