ILW.COM - the immigration portal Seminars

Citations for ILW.COM's Seminar
H-1B For Experts
Session 1 held on January 14, 2009

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Angelo Paparelli

  • There is eligibility under an old INS memorandum on the Matter of Srinivasan case that allows for B-1 in lieu of H-1.

  • Memorandum from INS acknowledged that foreign computer professionals may be admissible in the "B-1 in lieu of H-1" classification where the services provided by the alien "are necessary to the integrated international production, marketing and service system of a corporation, its subsidiaries and affiliates, and do not involve the reassignment of an alien to an employer in the United States (i.e., the employee remains under the control of an employer outside the United States)."
  • See Matter of Srinivasan, quoted and discussed in S. Bernsen, The Proposed Restriction of the "B-1 in Lieu of H-1" Concept, 70 Interpreter Releases 35, 1189-92 (September 13, 1993).