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Question on B1 or B1 in lieu of H-1B

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  • Question on B1 or B1 in lieu of H-1B

    Dear sir,

    I hope you can give me some light regarding the proper way to enter the US for business purposes.

    Currently, my staff have obtained B1visa already and we want them to enter as B1 in lieu of H-1B given the work requirements. Would you advise that my staff should apply for B1 in lieu of H-1B or is it ok to enter the US with B1 and each of them has the US company letter clarifying the purpose of inviting my staff to their company. My staff is permanent full time employees and are not sponsored by US company. Their stay is only for short period/temporary 6 months.

    It would be much appreciated if you can confirm for me if the staff need to go to the embassy in Thailand and change their B1 to B1 in lieu of H-1B before they enter your country.

  • #2
    B1 in lieu of H1b is needed when your employees are going to perform actual work in US instead of B1 activities like attending conferences and seminars.
    But be aware that it is very tricky and first requires that the applicants be eligible for an H1b( degree in specialty occupation) and consulates may not easily
    grant that category. Even if granted, officers at US airport may not recognize that and refuse entry.

    THis is an amateur immigration forum , and since this is an important company matter, I would recommend you contact a good US immigration attorney .

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