Department of State Proposes to Eliminate ‘B-1 in Lieu of H’ Visa

On October 21, 2020, the Department of State announced a proposal to eliminate the B-1 visa “in lieu of” an H-1B specialty occupation. B-1 visa holders are prohibited from employment in the US and have a limited scope of permissible activities. Currently, the ‘B-1 in Lieu of H’ Visa is a viable alternative where a foreign national may qualify for an H-1B visa, but will be entering the United States on a specifically annotated B-1 visa to perform H-1B specialty occupation services for a specific and limited duration, while remaining on foreign payroll.