DHS Proposed Rule on B Category Visas


The United States ‘B’ Category Visa allows foreign nationals to enter the U.S. on a temporary, limited basis to engage in legitimate business activities provided that they are not receiving remuneration from a U.S. source except for reimbursement for expenses while in the U.S.

To prevent fraud and abuse of the ‘B’ Category Visa, the Department of Homeland Security (DHS) intends to propose a regulation which could limit permissible business activities. The proposed rule was listed among the agenda items in the agency’s semi-annual agenda released last month.

The agency also intends to evaluate its policy towards “B-1 in lieu of H” (“BILOH”), an alternative that allows overseas companies to send employees, who remain on foreign payroll, to the U.S. for short-term work.

This clearly implies that the DHS, under Trump administration, intends to put in place a strengthened criterion for ‘B’ Category Visas and possible curtailment or elimination of the “BILOH”.

A proposed regulation has not yet been released. The anticipated publication date is November 2018.

Amit Solanki, Immigration Executive



Disclaimer

As per the rules of the Bar Council of India, Advocates are not permitted to advertise or solicit work in any form or manner.
This website www.lawquestinternational.com is designed only for the purpose of dissemination of basic information.
The content/material contained herein should not be construed as legal reference or legal advice. LawQuest shall not be liable for consequences of any action taken by relying on the content/material provided on this website. Readers are advised to seek the advice of a competent counsel licensed in the relevant country for further information.