Complex B-1 Situation

[andrew2110 0]

Hi Everyone!

We're having a bit of a situation at the moment with our visas. Basically we work with a very small UK Company and need to bring them to the US to work with us on a project for around a year. One of these we are bringing over on an H1-B visa as he has a college degree and having no trouble with him. The other employee we are trying to bring over has no college degree and therefore considered an L-1 Visa. However we've now been advised that as we would be taking both members of staff from the UK Company, the UK Company would cease to exist (at least temporarily whilst we've got their staff) and therefore L-1 would not be appropriate. Firstly could anyone confirm that this would be the case?

We're now looking at a B-1 Visa for this employee, meaning we could not pay that employee at all. However we would be paying the UK Company for their staff's expertise (in effect, indirectly paying that member of staff). Would this be a more suitable approach for bringing this member of staff over to work with us for a year (assuming we can get an extension after 6 months for the B-1?)?

Many thanks in advance

[kzielu 1,147]

Would this be a more suitable approach for bringing this member of staff over to work with us for a year (assuming we can get an extension after 6 months for the B-1?)?

Many thanks in advance

Of course it will not be suitable at all. Bussiness visa does not allow work and while you can interpret it differently, in this case it is unlikely to work. Company I work for per its own policy limits B-1 visa visits for its overseas employees to 8 weeks per year to avoid any potential legal trouble - just to give you an idea.

[Harsh_77 716]

As far as I am aware person is not allowed to work on B1, it is a business visa to attend business meetings, training etc.

Person you are trying to bring on B1 cannot officially work.