DHS Proposes Changes to B-1 in Lieu of H Policy

Immigration Simplified

The U.S. State Department (DOS) published a federal notification on October 21 that proposes to make changes to its existing visa regulations under which foreign professionals who fall under H-1B visa categories will not be issued a temporary visa for business, as has been widely prevalent currently. The government wants to end the B-1 in Lieu of H Policy to eliminate the current option to obtain a B-1 visa “in lieu of” an H-1B specialty occupation or H-3 trainee visa. It would end the current practice of allowing foreign nationals to enter the U.S. on a B-1 visa to perform short-term H-1B services in limited circumstances while remaining on foreign payroll.

The DOS notification said it

“would no longer authorize the issuance of B-1 visas for certain aliens classifiable as H-1B or H-3 nonimmigrants, commonly referred to as the ‘B-1 in lieu of H’ policy, unless the alien independently qualifies for a B-1 visa for a reason other than the B-1 in lieu of H policy.”

The proposed H-1B changes will impact firms who send their technology professionals to the United States on B-1 visas for short stays to complete the jobs in the U.S. There is a 60-day public comment period, ending December 21, 2020. A B-1 visa classification is currently available to foreign nationals to enter the United States and perform legitimate business activities while remaining employed abroad.

Recent H-1B Visa Changes

The government has announced other changes to temporary worker H-1B visa rules in 2020 and 2019:

Illinois Business Immigration Lawyer

Business immigration law is the practice of immigration law for employment reasons. A business immigration lawyer works with both employers who want to hire skilled foreign workers and foreign nationals who want to come to the United States to work temporarily or permanently.

At Godoy Law Office with locations in Chicago, Lombard and Oak Brook, Illinois, we work with employers in many fields including health care, technology, startups, sports, business, education and finance to help identify the best way to solve your foreign worker’s needs. We also work directly with foreign nationals who want to live and work in the Chicago area.

If you have a question about immigration employment in Illinois, contact the immigration attorneys at Godoy Law Office or 855-554-6369.

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