Doing contract work on VWP/B1?

[JFH 12,190]

Sigh.... the B-1 is not needed if you are from a VWP country. The VWP allows you to do exactly the same as the B-1 (attend meetings, sign contracts, attend trade exhibitions, etc). It is for people who are ineligible for the VWP. It does not permit employment. If it did, we would have recommended it to you.

H1-B is a completely different visa type. This allows people to be employed by a company in the USA. The B-1 does not. The two are not interchangeable or even remotely similar.

Edited December 17, 2016 by JFH

[Queste 0]

sigh

did you read the part about "in lieu of H1B"?

[Boiler 45,493]

B1 in lieu is very rare but can be an option, you would no doubt have a lawyer involved if this was being considered.

[aaron2020 11,651]

Just wanted to complete the topic mentioning the "B1 in lieu of H1B". I knew there had to be something simpler for work that's really of a temporary nature and/or not even a US office exists. It doesn't do what I hoped it would, but it does open the door for the other here mentioned cases. Funny that I asked here because I expected the knowledge here to be higher yet the answer came from my other community.

http://www.law360.com/articles/762644/when-to-apply-for-lesser-known-b-1-in-lieu-of-h-1b-visa

Insulting people that is trying to help you. Fantastic idea.

sigh

did you read the part about "in lieu of H1B"?

Since you are so smart, why bother asking questions? You seem to have all the answers.

[JFH 12,190]

No one forces anyone to be here.

Switch the computer off if it's upsetting you that much.

Have a drink.

[Villanelle 4,122]

Just wanted to complete the topic mentioning the "B1 in lieu of H1B". I knew there had to be something simpler for work that's really of a temporary nature and/or not even a US office exists. It doesn't do what I hoped it would, but it does open the door for the other here mentioned cases. Funny that I asked here because I expected the knowledge here to be higher yet the answer came from my other community.

http://www.law360.com/articles/762644/when-to-apply-for-lesser-known-b-1-in-lieu-of-h-1b-visa

Hmm I clicked your link and it said you had to be a member to read there-- so I couldnt see what its about..

But heres some stuff for you

https://www.ice.gov/news/releases/indian-corporation-pays-record-34-million-fine-settle-allegations-systemic-visa-fraud

http://www.wsj.com/articles/SB10001424052702304200804579163604195741612

34 million dollar fine for using B workers improperly...

PI gov blog warning people in plain old english- https://blogs.usembassy.gov/philippines/the-consequences-of-working-on-a-b1b2-visa-niv/

(yes, some things described as work can be done, but not everything. Perhaps the articles will explain the nuances better for you?) Im sure the people at INFOSYS have got the memo now and can explain the finite points to you if you have specific questions.

[Boiler 45,493]

B-1 in Lieu of H1B – Will this Useful Category Survive?
17 Mar 2016
The visa category known as B-1 in lieu of H1B is a lesser-known and frequently misunderstood option. This category is intended to permit foreign companies to send their employees to the United States temporarily, for the purpose of performing duties related to their foreign employment. The B-1 in lieu of H1B classification has been quite controversial over the years. Much of this controversy is related to abuse of the category. A discussion of the B-1 in lieu of H1B follows.

Background: B-1 No Local Work for Hire
Despite the reference to H1B in the classification, a B-1 visa, even with the in lieu of H1B notation, never allows an employee to engage in local U.S. employment. In general, B-1 “business” visas are issued for business activities that do not involve the performance of day-to-day productive work duties. Among the permissible activities for B-1 status are: (1) engaging in commercial transactions, which do not involve gainful employment in the United States (such as a merchant taking orders for goods manufactured abroad); (2) negotiating contracts; (3) consulting with business associates; (4) litigating a court case (5) participating in scientific educational, professional, or business conventions, conferences, or seminars; or (6) undertaking independent research.

B-1 in Lieu of H1B Requirements
The B-1 in lieu of H1B category, however, allows a foreign company to place one or more of their employees at a U.S. location briefly, for the purpose of performing actual productive H1B-type job duties. The worker’s salary, however, must be paid by the foreign company, and the money cannot come from a U.S. source. The Department of State Foreign Affairs Manual explains that there are cases in which an applicant who qualifies for an H-1 or H-3 visa may, more appropriately, be classified as a B-1 visa applicant in certain circumstances. However, in such a case, the applicant must not receive any remuneration from a U.S. source, with the exception of a reimbursement for expenses incidental to the temporary stay. It is essential that the remuneration for services performed in the United States continue to be provided by the business entity located abroad.

Purpose of the B-1 in Lieu of H1B
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.

It is unclear how many B-1 in lieu of H1B visas are actually issued, as the U.S. Department of State (DOS) tracks the numbers of B-1 visas issued, but does not separately track the notations on those visas. These visas were recorded simply as B-1 visas in DOS records. This category is used very sparingly and cautiously. However, top officials from the U.S. Consulate, Chennai, India, confirmed in January 2016, that they continue to use this option on a limited basis. Many U.S. consulates disfavor the B-1 in lieu of H1B classification and generally decline to issue such visas.

Analysis
Several years ago, there were questions about whether the B-1 in lieu of H-1 would continue to be an option for employers. The category has survived, but is limited and strictly scrutinized. Employers utilizing the B-1 in lieu of H1B classification or attempting applications in this category, should review their situations to confirm complete compliance with the requirements, and should explore appropriate alternatives for use, if needed in the future. MurthyDotCom readers will be advised of future changes that occur to this B-1 category.

[Jojo92122 1,924]

Queste wants a loophole that allows him to carry out his normal work duties while he is here on the VWP or a B1. He insults people trying to help him with "Maybe leave the answering to people that actually know about this stuff." and "Funny that I asked here because I expected the knowledge here to be higher yet the answer came from my other community." He posts stuff that he doesn't actually know about and insults people's replies to him for not meeting his expectation of knowledge.

Queste needs to not be Queste. He thinks he found a loophole despite people with years of immigration experience telling him it's not possible. He thinks we are stupid despite years of dealing with immigration law. He's an IT guy, he's smarter than us with his 5 seconds of experience.

B-1 in Lieu of H1B – Will this Useful Category Survive?
17 Mar 2016
The visa category known as B-1 in lieu of H1B is a lesser-known and frequently misunderstood option. This category is intended to permit foreign companies to send their employees to the United States temporarily, for the purpose of performing duties related to their foreign employment. The B-1 in lieu of H1B classification has been quite controversial over the years. Much of this controversy is related to abuse of the category. A discussion of the B-1 in lieu of H1B follows.

Background: B-1 No Local Work for Hire
Despite the reference to H1B in the classification, a B-1 visa, even with the in lieu of H1B notation, never allows an employee to engage in local U.S. employment. In general, B-1 “business” visas are issued for business activities that do not involve the performance of day-to-day productive work duties. Doing contract work would involve the performance of day-to-day productive work duties. Among the permissible activities for B-1 status are: (1) engaging in commercial transactions, which do not involve gainful employment in the United States (such as a merchant taking orders for goods manufactured abroad) Nope. ; (2) negotiating contracts Nope.; (3) consulting with business associates Nope. ; (4) litigating a court case Nope. (5) participating in scientific educational, professional, or business conventions, conferences, or seminars Nope. ; or (6) undertaking independent research. Nope.

B-1 in Lieu of H1B Requirements
The B-1 in lieu of H1B category, however, allows a foreign company to place one or more of their employees at a U.S. location briefly, for the purpose of performing actual productive H1B-type job duties. The worker’s salary, however, must be paid by the foreign company, and the money cannot come from a U.S. source. The Department of State Foreign Affairs Manual explains that there are cases in which an applicant who qualifies for an H-1 or H-3 visa may, more appropriately, be classified as a B-1 visa applicant in certain circumstances. However, in such a case, the applicant must not receive any remuneration from a U.S. source, with the exception of a reimbursement for expenses incidental to the temporary stay. It is essential that the remuneration for services performed in the United States continue to be provided by the business entity located abroad.

Purpose of the B-1 in Lieu of H1B
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.

It is unclear how many B-1 in lieu of H1B visas are actually issued, as the U.S. Department of State (DOS) tracks the numbers of B-1 visas issued, but does not separately track the notations on those visas. These visas were recorded simply as B-1 visas in DOS records. This category is used very sparingly and cautiously. However, top officials from the U.S. Consulate, Chennai, India, confirmed in January 2016, that they continue to use this option on a limited basis. Many U.S. consulates disfavor the B-1 in lieu of H1B classification and generally decline to issue such visas.

Analysis
Several years ago, there were questions about whether the B-1 in lieu of H-1 would continue to be an option for employers. The category has survived, but is limited and strictly scrutinized. Employers utilizing the B-1 in lieu of H1B classification or attempting applications in this category, should review their situations to confirm complete compliance with the requirements, and should explore appropriate alternatives for use, if needed in the future. MurthyDotCom readers will be advised of future changes that occur to this B-1 category.

[Boiler 45,493]

I do not a few people who have worked in the US on a visitor visa.

None legally.

[Unlockable 7,314]

This guy is simply looking for a loophole. And is lashing out because no one is offering one. Nothing more than that.

Working in the US is perfectly doable through the proper methods.

[jan22 3,053]

Just wanted to complete the topic mentioning the "B1 in lieu of H1B". I knew there had to be something simpler for work that's really of a temporary nature and/or not even a US office exists. It doesn't do what I hoped it would, but it does open the door for the other here mentioned cases. Funny that I asked here because I expected the knowledge here to be higher yet the answer came from my other community.

http://www.law360.com/articles/762644/when-to-apply-for-lesser-known-b-1-in-lieu-of-h-1b-visa

Your original post asked about working as a consultant -- B1 in lieu of H1 (which is not often granted and has a lot of restrictions above and beyond a normal B1) -- is not for contractors. It is used when a company is sending an employee, not for a contractor.