B-1Visa in Place of H-1B Visas

Press Release

Senator Chuck Grassley released the following comment after receiving a response to his April 14, 2011 inquiry to the Departments of State and Homeland Security about the use of the B-1 visa program by employers to recruit foreign workers who are then not subject to the cap and the prevailing wage requirements of the H-1B program. The response by the State Department said the agency is working with the Department of Homeland Security to eliminate or amend the B-1 in Lieu of H-1B policy in the Foreign Affairs Manual. Grassley is still waiting for a response from the Department of Homeland Security.

"It appears the B-1 visa program has become a subterfuge for companies wanting to avoid the cap and wage requirements of the H-1B visa, so it's good to see the State Department acknowledge the need for greater fraud prevention in the visa approval process as well as changes to policies that incentivize employers to go around the H-1B program in the Foreign Affairs. The State Department's efforts are a step in the right direction, but more work will be needed in this area to ensure the integrity of our visa programs. This includes the ability for the department to maintain accurate statistics that will help us understand how we can better close loopholes to ensure that American workers are given first priority for jobs."

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