Difference between H1 and B1 Visa

Key Difference: Under H1 visa, employers in the United States can temporarily employ foreign professionals to work for them. The B1 visa is basically a business visa for a non-immigrant visa for the United States. This visa is for the people who want to travel to the United States for a small duration, for business related activities.

When traveling abroad, visa is one of the most important things that a person must prepare. Before the actual preparation even starts, such as buying the tickets, the person must apply for a visa to see if he is even valid in order to visit that particular country. Visas play a huge role when visiting a country such as the United States, each person that is not a resident of a citizen of the US, must in advance declare their intention for entering the country. However, keep in mind that they are certain countries that have been exempted from having to issue a visa. If a person is from one of those countries, he/she is free to enter and exit US without having to file for a visa.

Depending on the reason for the visit, a person must apply for the appropriate visa. There are main categories of visa that are offered to foreign people in order to enter US lawfully. Category H1 and category B1 are two such categories. Both of these serve a different purpose.

Category H-1 is a non-immigrant visa that is offered to foreign workers. Under this visa, employers in the United States can temporarily employ foreign professionals to work for them. These professionals must hold a bachelors’ degree or be graduates from a professional course. The person must also be from a "specialty occupation", which includes fields such as biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts.

The individual cannot file for a H1 visa for themselves and he cannot classify himself as ‘self-employed’. An organization of a company must sponsor the individual and file for him on his behalf. An H1 visa allows the applicant to remain in the United States for a period of 6 years, after which he/she can file for an extension. Another benefit of applying for the H1 visa entails that the applicant can also apply for a permanent resident status for himself and his family members. For dependent family members, the applicant can file an H4 visa, which allows people depending on him to live with him. There are different types of H1 visa:

  • H-1B – Professionals with Bachelor’s or Higher Degree or its equivalent or Certified Specialists
  • H-1B1 – Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
  • H-1B2 – Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
  • H-1B3 – Fashion models of distinguished merit and ability.
  • H-1C is for Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor.

The B1 visa is basically a business visa for a non-immigrant visa for the United States. This visa is for the people who want to travel to the United States for a small duration, for business related activities. However, this visa does not allow the applicant to reside in the United States permanently or apply for a job/position or for work in the US. The person must be there to perform some activity regarding a business, such as attend a meeting, a conference, etc. but not for conducting business in the US. Certain countries are exempted from having to file for visa in order to come to US, and these people can stay in the US for up to 90 days.

A person applying for a B1 visa will be allowed to reside in the country for 6 months, following which they will have to apply for an extension. However, a person’s stay in the country should not exceed more than a year. If an applicant wishes to conduct business and stay more days in order to perform non-business activities, they can apply for a joint B1 and B2 visa, which allows the person to stay in the US as a tourist for 6 months. A B1 visa does not allow dependents because it is considered as a business trip, but if he wishes to take his family along, the family can apply for a B2 visa. In order to avail for a B1 visa, the applicant must show that he has no intent to permanently reside in the United States and that he has enough money to travel to the US and back.

Comparison between H1 and B1 Visa:

 

H1 Visa

B1 Visa

Objective

Planning to work as a professional for a company or organization

Visiting to conduct business or for some business purpose

Permanent Resident Status

Holders have the option to applying for a permanent resident status

Visitors are not allowed to apply for permanent visitor status

Requirement

  • A company must be willing to sponsor the applicant.
  • Must hold at least a bachelor’s degree
  • The purpose of the applicant’s trip is to enter the US for business but does not entail employment
  • The applicant plans to remain only for a specific limited time period
  • The applicant has the funds to travel to and from the US
  • The applicant has a clear intent to maintain a residence outside the US

Period

Granted for three years, but it can be extended to up to six years

Good for a period of six months or less with the possibility of extension. The applicant’s stay cannot exceed a year

Dependents

Family of the applicant can apply for a H4 visa in order to stay with the applicant

No dependents on this visa. Family must apply for a B2 visa, which falls under the category of a tourist visa

Image Courtesy: radianttechs.com, viajandante.wordpress.com

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