Using the B-1 Visa in Lieu of the H-1B Visa: Pros and Cons (December 13, 2012)

A B-1 business visitor visa is a nonimmigrant visa issued to those who visit the US for limited business purposes[5]. Ordinarily, the B-1 visa is not available for those who wish to engage in gainful employment within the US.[6] An H-1B visa, on the other hand, would be an appropriate visa category to allow certain specialized workers to work within the US. The U.S. government has drawn the line for permissible business activity under the B-1 visa as conduct that “is incidental to work that will principally be performed outside out the United States.”[7]  Examples of permissible business activities include attending conventions, conferences, and providing consultations[8].

However, the B-1 visa has an exception explicitly carved out by the Department of State (DOS), which states that “there are cases in which aliens who qualify for H-1 or H-3 visas may more appropriately be classified as B-1 applicants in certain circumstances.”[9] For example, a qualified H-1 visa applicant coming to the United States to perform H-1 services on a temporary, short-term basis typically lasting no longer than six months.