The B-1 vs. the H-2B Visa

Did you know the B-1 visa is a non-immigrant visa issued by the United States to individuals seeking entry into the country for temporary business purposes? This can be a little shocking to some people because even though the B-1 visa is known as a “tourist” visa, it’s actually primarily meant for business related travel. This means that this visa does not grant permission for individuals to engage in gainful employment in the United States. In fact, this visa category is meant to help expand opportunities for American businesses by allowing foreign entrepreneurs and professionals to engage with their U.S. counterparts.

So, If the B-1 allows people to do business in the U.S., why and how is this visa relevant to the new Texas House Bill 4337? Well, that’s because this new law prevents drivers without proper work authorization to transport commercial goods. The transport of goods or passengers between two points within the same country by foreign carriers is called cabotage. Using the B-1 while partaking in cabotage is illegal because the B-1 is specifically designed for individuals traveling to the U.S. for temporary business purposes, not for the provision of transportation services within the country.

The Texas House Bill 4337 seeks to prevent employers from taking advantage of potential employees that have access to a B-1 visa and aims to encourage people to get their H-2B visa. This is so they can have proper work authorization and be paid fairly. Unlike the H-2B, the B-1 visa does not grant employment authorization and employees are not given wage and labor protection. If your goal is to continue working as a commercial driver in the U.S then the H-2B is what you’ll need to succeed. Similarly, employers should verify if their employees are H-2B holders to avoid future conflicts.

If you are interested in learning more about the H-2B and you can take the next step, Terra Labor can help you.