UK Software Engineer - B1 in Lieu of H1B

[EVHB]

Not from a .gov site, but I know that this 'B1 in lieu of H1' is a legitimate thing:

The B1 in lieu of an H1B

In certain, limited circumstances the US Consulate may issue an employment-authorized B1 visa where the work to be undertaken would usually require an H1B visa. This provision is particularly applicable to situations where you may need a non-US company to send a member of staff to the US for a limited period in order to undertake specific projects for you, or where you wish to bring in an employee of an overseas subsidiary, affiliate or parent for a limited period. The requirements for acquiring a B1 in lieu of H1B are:-
•The work to be undertaken in the US must be H1B level – i.e. the worker must be engaged in a 'speciality occupation';
•The worker must permanently employed (i.e. not a contractor) and paid by the employer outside the US;
•The worker may receive no compensation other than expenses from a US source;
•The worker must have a degree relevant to the services to be provided– there is no provision for work experience to be considered equivalent to adegree, as there is under the H1B.

The B1 in lieu of H-1 visa generally takes 1 to 2 weeks to obtain, and considerably more supporting documentation is required than for a normal B1 visa. Periods of admission and extension are the same as for the standard B1 visa (i.e. generally 6 months).

B1 and B2 visitor visas

Also:
B-1 in Lieu of H-1B - Eligibility to do H-1B type work on business visa and other sites.

But although this may seem to be 'easy', it certainly is not! And I don't think the construction like UKeternity dreams of, is possible.

[twostep]

Originally Posted by EVHB

Not from a .gov site, but I know that this 'B1 in lieu of H1' is a legitimate thing:


B1 and B2 visitor visas

Also:
B-1 in Lieu of H-1B - Eligibility to do H-1B type work on business visa and other sites.

But although this may seem to be 'easy', it certainly is not! And I don't think the construction like UKeternity dreams of, is possible.

Unless you can quote the source please do not quote and use official sources not other forums or for-pay resources. Thank you!
Please read OP's posts. He is not an employee to be sent on a short term assignment. He is looking for fulltime employment in the US and treis to find a way around H1B cap. The drill of starting a one-man-shop and expat yourself to the US does not work anymore.

[EVHB]

And I don't think the construction like UKeternity dreams of, is possible.

And is this official enough?
B1 in Lieu of H | Embassy of the United States
photos.state.gov/.../cons-visa/feb2012_webchat_transcript.pdf

[twostep]

Originally Posted by EVHB

And is this official enough?
B1 in Lieu of H | Embassy of the United States
photos.state.gov/.../cons-visa/feb2012_webchat_transcript.pdf

... must not receive any salary from a US source ...

[uketernity]

If the salary is coming from the UK company, its not coming from a US source. The company would be a limited company, thus its own financial entity.

If a UK company were to win a contract with a US company and need to send an employee over there for up to a year in order to maintain the contract, is this not allowed?

The real question is what documentation do CBP require on entry to the US in order to satisfy a B1 in Lieu of H1B?

Thanks

Oli

[MarylandNed]

I think there's a pretty good chance they'll see right through the "B1 in lieu of H1B" thing and your B1 will be denied - which also means you could have issues travelling via VWP/ESTA.

If your US employer has a branch in the UK, you could join that for a year and then try an intracompany transfer via L1. Otherwise just go the H1B route.

[uketernity]

So I have some further ideas on this. I don't really want to wait until next october to get out to the US. Here are my ideas.

1. My mother has a Limited company in the UK, of which I am a director. She has discussed with me on some occasions about building some software for her company. She would be willing to put through a request for a B1 in Lieu of H!B visa, and send me to the US to work with the US company as a rep of her business in order to build this software. Salary would be paid by the UK company. This should satisfy the requirements for the H1B visa.

2. My current employer has previously expressed an interest in having a US branch/office/affiliate. Once I leave the company, they will likely have problems with the knowledge base loss of all the historic work the company has done technically, I know every project. It may be possible to come to an arrangement with my current employer to facilitate a smoother, perhaps phased handover, with me still providing consultation to them whilst working with the US company. My current employer could apply for a visa and send me to the US to be a "rep" for them whilst working on a multitude of collaborative projects with the US firm. Again, salary would be paid by the UK company.

Let me know your thoughts.

Thanks

[MarylandNed]

Originally Posted by uketernity

So I have some further ideas on this. I don't really want to wait until next october to get out to the US. Here are my ideas.

1. My mother has a Limited company in the UK, of which I am a director. She has discussed with me on some occasions about building some software for her company. She would be willing to put through a request for a B1 in Lieu of H!B visa, and send me to the US to work with the US company as a rep of her business in order to build this software. Salary would be paid by the UK company. This should satisfy the requirements for the H1B visa.

2. My current employer has previously expressed an interest in having a US branch/office/affiliate. Once I leave the company, they will likely have problems with the knowledge base loss of all the historic work the company has done technically, I know every project. It may be possible to come to an arrangement with my current employer to facilitate a smoother, perhaps phased handover, with me still providing consultation to them whilst working with the US company. My current employer could apply for a visa and send me to the US to be a "rep" for them whilst working on a multitude of collaborative projects with the US firm. Again, salary would be paid by the UK company.

Let me know your thoughts.

Thanks

So neither company actually currently exists in the US? If so, in my opinion, they'll see this as a blatant attempt to circumvent the rules and you will be denied the B1.

[uketernity]

The b1 in lieu isn't a visa that a US company would apply for I believe.

Isn't the point of a b1 in lieu of h1b designed to allow non us employers to send an employee to the us to work, whilst still being paid by the UK company.

[Bevdeforges]

Originally Posted by uketernity

The b1 in lieu isn't a visa that a US company would apply for I believe.

Isn't the point of a b1 in lieu of h1b designed to allow non us employers to send an employee to the us to work, whilst still being paid by the UK company.

The catch is that the B1 in lieu is not an immigrant visa. There's a difference between going to the US to work while maintaining your primary residence in the UK and moving to the US to work for a UK company.
Cheers,
Bev