On October 21, 2020, the Department of State (DOS) proposed to amend its regulation governing nonimmigrant visas for temporary visitors for business—the B-1 nonimmigrant visa classification—by removing two sentences defining the term “business’” that DOS said are outdated. By removing these sentences, DOS said it “would no longer authorize issuance of B-1 visas for certain aliens classifiable as H-1B or H-3 nonimmigrants, commonly referred to as the ‘B-1 in lieu of H’ policy, unless the alien independently qualifies for a B-1 visa for a reason other than the B-1 in lieu of H policy.” DOS plans to “bring the regulations into conformity with Department practice with respect to athletes, entertainers, and artists…”

DOS said that “[r]emoving these two sentences, and thus removing any question about whether the referenced employment or labor might be permissible B-1 activity, not only conforms the regulation to the applicable statutory framework, but also furthers the goals” of President Trump’s Executive Order 13788, Buy American and Hire American.

Comments are due by December 21, 2020.

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