Some Employers Can Use the B-1 Visa to Bring Workers to the U.S.

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The most popular visa program for sponsorship of foreign workers, the H-1B program, has no more openings for the 2013 fiscal year (which begins on Oct. 1, 2012). But employers who need the skills of foreign workers in the coming year do have other doors open for acquiring this assistance, and the B-1 visa program is one of those doors, offering frequently overlooked opportunities for employers that have foreign enterprises.

Business travelers under the B-1 program can commonly enter the U.S. for 6 months to a year for a variety of specified business purposes, including:

  • Negotiation;
  • Sales and investment solicitations;
  • Making investments;
  • Attending business meetings;
  • Conducting research; and
  • Interviewing and hiring of staff.

The Department of State has articulated a number of requirements that must be met, including the following:

  • The worker must be employed by a U.S. enterprise that owns or controls a separate foreign business enterprise;
  • The salary paid by the foreign entity should not be from a U.S. source; and
  • The foreign employer affiliate must have an office and payroll disbursements abroad.

If you are an employer or an employer’s agent responsible for hiring and you need assistance with an immigration-related matter, please do not hesitate to call our office at (847)564-0712 for an appointment to speak with a qualified attorney. You can also check out our immigration law Website for more information about how we might assist you.