CASE STUDY: B-1 (in lieu of H-3) for Multinational Non-Profit Sending Workers to the U.S. for Temporary Training
LMWF Solution: After confirming that the training was not available in Belgium, that the individuals would remain employees of the Belgium entity and would not be remunerated by the U.S. company, and that any productive work would be incidental to the training, we offered our solution: The six (6) individuals could enter the U.S. in B-1 (in lieu of H-3) status under the Visa Waiver Program.
Since these individuals were citizens of Belgium, they could utilize the Visa Waiver Program (if they had ESTA Authorization). As background, the Visa Waiver Program allows individuals of certain countries to enter the U.S. without first obtaining a U.S. visa abroad. Foreign nationals entering the U.S. under the Visa Waiver Program can be admitted for up to ninety days and are allowed to engage in B-1 Business Visitor Activities. Being able to utilize the Visa Waiver Program for this purpose results in a significant advantage to the company – foregoing the time and expense associated with obtaining U.S. visas abroad.
Over a four week period, our office diligently worked with the company and the employees to prepare B-1 (in lieu of H-3) packets for each foreign employee. Our packet included a support letter from the Belgium entity confirming the need for the training in the U.S. and providing details about the training program; a detailed Training Plan from the company outlining the topics to be covered and delivery method; and a detailed cover letter from our office confirming their ability to enter the U.S. in B-1 (in lieu of H-3) status under the Visa Waiver Program.
All six (6) applicants successfully entered the U.S. recently and are currently completing their training in the U.S.
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