US visas for Business,  Leisure or Residential purposes

US Visas Ltd.

The following are acceptable B-1 activities that fall outside the usual criteria:

 

· Persons rendering professional services in the U.S. that would qualify them for an
H-1B Visa, but who are being paid for those services by a source outside the U.S.

· The foreign national’s U.S. activities can be shown to accrue to the benefit of the employer abroad and his or her presence in the United States furthers the international trade or commerce of the employer.

 

The visa application must fully document the foreign national’s qualification for the H-1B classification, usually based on his or her membership tin a professional field, such as accounting, law, or engineering. It must also document the employer’s need for a professional to do the work contemplated.

 

B-1 Visas in Lieu of H-1B’s are granted to professional-level aliens who are working for, and drawing their income from, a foreign firm as long as general B-1 standards are met. Those standards require the following:

 

· The work of the foreign national must be controlled primarily by the foreign employer

· The work product of the foreign national, whether a tangible object or services be created predominantly outside the United States;

· A U.S. worker would not have to be hired if the foreign national is not admitted to the United States.

 

The B-1 in Lieu of the H-1 also has its restrictions:

 

· Restricting the use of the B-1 by job contractors (these are foreign firms established merely for the purpose of providing labor to U.S. firms, and other firms doing business in the U.S.)

· Any direct or indirect payment of the foreign national’s  salary by the U.S. entity is prohibited;

· While the U.S. entity can control the day–to-day activities of the B-1 foreign national, ultimate control, including the location and hours of work , must be maintained by the foreign company;

· The U.S. entity cannot own the proprietary work product produced the foreign national;

· The right to interview and determine the acceptability of a B-1 foreign national must lie solely with the foreign employer.

B-1 Visa in lieu of H-1B

(Business Visitors)