State Department Proposes to Eliminate Issuance of B-1 Visa in Lieu of H Visa Classifications

State Department Proposes to Eliminate Issuance of B-1 Visa in Lieu of H Visa Classifications

October 22, 2020

Briefing

The Department of State proposes to amend language in its regulation of nonimmigrant visas for temporary business in the United States. The result will be that the Department would no longer authorize 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 proposal will remove 2 sentences defining the employee – employer relationship and how a foreign worker may enter the country.
  • Using the B-1 in lieu of H policy will make clear that foreign workers seeking to engage in local employment or labor for hire must follow requirements enacted by Congress to protect U.S. workers.
  • This proposal will restrict aliens and employers from circumventing restrictions for nonimmigrant workers as established by Congress.
  • The proposal is an effort to clear up outdated and confusing language that has not been amended since introduced in 1952.
  • All interested persons are invited to participate in commentary on this rule revision:

-Internet (preferred): At www.regulations.gov, you can search for the document using [Docket Number DOS-2020-0041] or using the proposed rule RIN 1400-AE95.

-Email: Megan Herndon, Senior Regulatory Coordinator, Office of Visa Services, Bureau of Consular Affairs, U.S. Department of State, VisaRegs@state.gov.

By | 2020-10-22T14:32:42-08:00 October 22nd, 2020|Immigration Reform|Comments Off on State Department Proposes to Eliminate Issuance of B-1 Visa in Lieu of H Visa Classifications

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