A proposed regulation, issued in the US Federal Register by the Department of State on 21st October 2020. The regulation strives to revise various B1 business visit visa regulations by rejecting certain options for foreign nationals. Hoping to make sure about a B1 in lieu of an H1B visa or lieu of an H3 visa.
On the off chance that the regulation is passed, it could mark the end of foreign nationals entering the United States on a B1 visa. To perform short-term H1B or H3 services in specified situations while remaining on foreign payroll. Instead, a foreign national would need to qualify independently for a B1 visa for a reason outside the current B1 in lieu of H1B policy.
The proposed rule change is now subject to a 60-day public comment period. The explanation given for the changes by the Department of State is to eliminate confusing and outdated language. About the extent of permissible activities in the US for individuals in the nation on a B1 visa.
Further, Buy American, Hire American policy
It’s understood that by omitting language about ‘business’, the Department of State is planning to further Donald Trump’s ‘Buy American, Hire American’ Act of 2017. Legislation that claims to create higher wages and employment rates for workers in the US and secure their economic interests.
Under current rules, B1 visa holders are not permitted to participate in ‘productive employment’ in the US. However, the Department of State’s Foreign Affairs Manual (FAM) permits restricted utilization of the B1 program for effective work.
The B1 in lieu of H1B visa strategy is considered a viable option under which an overseas national could be eligible for an H1B visa. Yet will arrive in the US to complete H1B specialty occupation services for a particular and restricted period while staying on foreign payroll.
Under FAM, there is a similar provision for overseas nationals who are eligible for the H3 trainee visa. And are coming to the US to undergo specific types of training.
H1B Visa | Finalized rule
If the proposed regulation is finalized, then it doesn’t imply that any current valid B1 in lieu of H1B visas will be void. The Department of State has additionally guaranteed that any given visas won’t be revoked. However, visa holders can expect to be subject to an extra. Independent review by US Customs and Border Protection (CBP) at ports of entry.
Independent reviews may include questioning over an individual’s visit to the United States. And whether they will be paid the overall US wage for work while in the nation.
It’s understood the Department of State’s proposal also includes a revision of current guidelines to explain that B1 classification. It does not include entertainers or athletics professionals coming to the US to perform services according to their profession. Which are better arranged under the P1 visa program and O1 visa program.
Under the FAM, exceptions to this general rule will remain.
Review and final rule
Following the conclusion of the public comment period. The Department of State will review the feedback provided by the public before giving a final rule in the Federal Register.
In an announcement from the US Department of State, the organization stated: “If the rule is finalized, B1 in lieu of H1B visa provisions under the FAM will be withdrawn.”