The U.S. Department of State (DOS) recently introduced a new review step for applicants under the B-1 in lieu of H-1B category. U.S. embassies and consulates must now send these applications to the Department of State’s Visa Office in Washington, D.C. for secondary examination before a visa is issued. This added oversight reflects the government’s increasing caution toward how this specialized category is being used.
Overview of the B-1 in Lieu of H-1B Category
This visa classification allows foreign professionals to engage in short, specialized work visits to the United States while staying on the payroll of their foreign employer. To qualify, the individual must continue to receive salary abroad and perform duties that are incidental to their foreign employment, not constituting local U.S. labor participation.
After the $100,000 “Visa Integrity Fee” for new H-1B petitions took effect on September 21, 2025, authorities began to monitor this category more closely. Some employers may be tempted to use it as a way to avoid the new fee or to bypass the standard H-1B petition process.
Centralized Review and Its Impact
With the DOS Visa Office now reviewing these applications, longer processing times and more detailed evaluations are expected. Employers should take proactive measures to avoid issues, including:
- Demonstrating a valid foreign employer-employee relationship through documentation.
- Confirming that wages are paid outside the United States.
- Ensuring the U.S. assignment is temporary and narrowly defined.
- Preparing for extended adjudication timelines under the centralized system.
Although this visa path remains technically available, it should be considered only when the business purpose clearly fits within permissible parameters.
For guidance on whether your professional travel qualifies under this category—or if filing an H-1B petition would be more appropriate—contact NPZ Law Group at info@visaserve.com or visit www.visaserve.com
FAQ – B-1 IN LIEU OF H-1B VISA REVIEW
1. Why are U.S. consulates forwarding these visa cases to Washington, D.C.?
To ensure consistent screening and prevent misuse of the category following the implementation of the new H-1B Visa Integrity Fee.
2. What can applicants expect under the new process?
A longer waiting period and a more detailed review of whether the role qualifies for B-1 in lieu of H-1B.
3. How should employers prepare?
Keep evidence of the employee’s foreign job status, proof of salary paid overseas, and a clear description of the temporary assignment in the U.S.