In recent months, multinational employers have seen a marked increased in government scrutiny of their employees’ B-1 business visitor visa applications at U.S. consulates worldwide and at ports of entry. Though the B-1 visa category has historically been mostly uncontroversial, it is newly in the spotlight in the wake of a whistleblower lawsuit alleging that an Indian technology services company used the category fraudulently to bring foreign workers to the United States to staff projects for the company’s U.S. clients. The whistleblower’s allegations were taken up by immigration restrictionists in Congress, who have in turn pressured the Department of Homeland Security and the Department of State to review both legitimate and illegitimate uses of the B-1 visa program. In response, the agencies are expected to make significant amendments to the B-1 visa rules.

The new focus on the B-1 program means new compliance responsibilities for employers. As the government takes a closer look at the way U.S. and international employers use the program, these companies will likely face amplified inquiries into their B-1 visa sponsorship. This article will examine and discuss the B-1 visa category and detail how employers can maintain compliance with existing B-1 regulations.

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