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UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 42.42 NOTES (CT:VISA-2085; 04-28-2014) (Office of Origin: CA/VO/L/R) 9 FAM 42.42 N1 NOTICE OF PETITION APPROVAL.

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9 FAM 402.2-5(F) outlines circumstances in which an alien who would qualify for an H1 or H3 visa may be appropriately classified as B1. However, if the alien is classified as B1 in lieu of H1 or H3, he or she will be subject to all of the limitations of the B1 visitor for business category.

a. (U) Introduction to VWP: The Visa Waiver Program (VWP) provides for visa-free travel by nationals of designated countries coming to the United States for tourism or business (B visa purposes) for a period not to exceed 90 days, provided the traveler meets the requirements in 9 FAM 201.1-4(C).

B1 In Lieu of H3 The B1 Business Visitor Visa generally allows foreign nationals to enter into the U.S. to attend business meetings or seminars. Because of the nature of the B-1 visa, it can also be used in lieu of the H-3 trainee visa by employees who are participating in short-duration training programs.

The B in Lieu of H-1B Visa is a B-1 Business Visitor Visa, with a special annotation by a U.S. Consulate abroad ("B-1 IN LIEU OF H, PER 9 FAM 402.2-5(F)"), allowing a foreign worker to enter the United States and work temporarily for a foreign employer on a discrete project.

Who is a derivative beneficiary? A derivative beneficiary is an alien who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship.

Under the 90-day rule, there's a presumption of misrepresentation (fraud) if a person violates their nonimmigrant status or engages in conduct inconsistent with that status within 90 days of entry. This rule only applies to nonimmigrants with visas or statuses that do no carry an allowance for immigrant intent.

To qualify for a B-1 in lieu of H-1B visa, the employee must be employed by the foreign entity, the employing entity must pay the employee's salary, and the source of the employee's salary must be abroad.

The B-1 in lieu of H-1B visa is a relatively rare visa category that is essentially a subset of the B-1 business visa category. Unlike the traditional B-1 visa, however, the B-1 in lieu of H-1B visa allows a foreign employee to engage in short term employment in the United States.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232