23 November 2025
VKM Law Group is advising clients that the U.S. Department of State (DOS) has initiated a significant procedural change affecting the B-1 in lieu of H-1B nonimmigrant visa category. U.S. embassies and consulates are now required to forward all such applications to the DOS Visa Office in Washington, D.C., for mandatory secondary review prior to issuance. This institutional shift underscores a heightened governmental concern regarding the appropriate use of this specialized classification.
What is the B-1 in Lieu of H-1B?
This category permits certain foreign professionals to undertake short, specialized work assignments in the United States while remaining on the payroll of their foreign employer. To lawfully qualify, the duties performed in the U.S. must be incidental to the foreign employment and must not constitute local U.S. labor. The applicant must continue to receive their salary exclusively from the foreign entity.
The increased oversight directly follows the implementation of the substantial $100,000 “Visa Integrity Fee” for new H-1B petitions on September 21, 2025. Authorities are actively monitoring the B-1 in lieu of H-1B category to ensure it is not being utilized as an improper means to circumvent this new fee or to bypass the rigorous standard H-1B petition process.
Key Implications of Centralized Review
The new requirement for centralized review by the DOS Visa Office will inevitably lead to longer processing times and necessitate more granular, detailed evaluations of each application’s merits.
To mitigate potential challenges and lengthy Requests for Evidence (RFEs), employers must take a proactive and meticulous approach. VKM Law Group strongly recommends the following compliance measures:
- Robust Documentation: Ensure undeniable proof of a valid and ongoing foreign employer-employee relationship.
- Overseas Compensation: Maintain strict evidence that all wages for the employee are paid and sourced outside of the United States.
- Temporal and Scope Clarity: The U.S. assignment must be demonstrably temporary and its scope must be narrowly defined to fit permissible B-1 activities.
- Expect Extended Timelines: Budget for significantly extended adjudication timelines due to the new centralized review mechanism.
While the B-1 in lieu of H-1B path remains available, its utility should be assessed with extreme caution. It is only advisable when the proposed business purpose unquestionably and narrowly fits within the legally sanctioned parameters.
FAQ on the New B-1 Review Process
- Why the D.C. Review? The primary goal is to establish consistent screening protocols and proactively prevent the misuse of the category, particularly in light of the new, costly H-1B Visa Integrity Fee.
- What is the New Applicant Experience? Applicants should prepare for a lengthier waiting period and a far more rigorous and detailed review of whether the specific role genuinely qualifies for B-1 in lieu of H-1B status.
- How Should Our Company Prepare? Maintain meticulous documentation, including proof of the employee’s ongoing foreign job status, evidence of salary payments originating overseas, and a precise, detailed description of the temporary U.S. assignment.
For tailored legal counsel on whether your planned professional travel meets the strict requirements of the B-1 in lieu of H-1B category or to determine if the traditional H-1B petition process is the more secure and appropriate path forward please contact VKM Law Group for a confidential consultation.