What is the difference between h1 and b1 visa

Free Initial Case Evaluation. Only Singaporean and Chilean citizens are eligible as principal applicants. The spouse and dependent children, under 21 years of age, can accompany the principal applicant to the United States. To qualify for H1B1 visa status one must meet the following criteria:.

The United States Citizenship and immigration Services typically approves H1B1 petitions for a one year term which can be extended subsequently. The H1B1 visa is similar to the H-1B visa: it allows qualified professionals to temporarily live and work in the United States. The H-1B visa category allows for "dual intent" where the foreign national will be coming to work in a professional position temporarily while also intending to immigrate to the United States.

In order for such an alien to be classifiable as B1, all of the basic B1 requirements must be met. The FAM outlines the requirements for H3 that would be applicable to for an alien seeking a B1 visa in lieu of H3 as well paraphrased :. The proposed training is not available in the alien's own country; 2.

The alien will not be placed in a position in the normal operation of the business and in which citizens and permanent resident workers are regularly employed; 3.

The alien will not engage in productive employment unless such employment is incidental and necessary to the training; and 4. The training will benefit the alien in pursuing a career outside the United States. Reimbursement may include for room and board. Interestingly, the FAM stated that a B1 visa should not be denied solely because the proposed training may last more than one year. In such a case, the consular officer must be satisfied that:. The intended stay in the United States is temporary; and 2.

There is a definite time limitation to such training. In general, an alien seeking a B1 visa to engage in training must satisfy consular officers that the training is finite and temporary and that he or she intends to return abroad promptly after completing the training for which the B1 visa was issued. Accordingly, he or she must demonstrate his or her ties abroad and that he or she would be able to complete the training without violating B1 status. Whether a B1 visa is appropriate in lieu of H3 depends on the situation of the alien and the facts of the specific case.

For this reason, a B1 visa holder will know if his or her B1 visa was issued under the section discussed in this article. This does not change even if the alien's salary or other remuneration is being paid by a source outside the United States or if the alien is working without compensation. The circumstances in which a B1 visa may be issued in lieu of H1 or H3 are generally limited and most relevant to those classifiable as H3 trainees.

B1 visas are more limited than H visas, including for dependents. Before applying for the types of visas discussed in this article, it is wise to consult with an experienced immigration attorney.

An attorney will be able to examine the situation and help an individual determine which nonimmigrant visa, if any, would be most appropriate for his or her intended purposes for seeking admission to the United States.

It is also important to be forthright with consular officers when applying for a B1 visa. The B2 visa is considered a tourist visa and is necessary for all visitors who are not covered under the visa waiver program. Others who may be interested in or need this visa include:. If you or someone you know is looking for a law firm they can trust with these important issues, contact us today.

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