The State Department has released clarification of its B-1 in lieu of H-1B guidance.  The October 5, 2012, guidance indicates there are cases in which nonimmigrants who qualify for H-1 or H-3 visas can be classified as a B-1.  For example, a qualifying foreign professional who comes to the U.S. to perform H-1 activities for a limited time, can prove ties to his or her home country, and will be paid by the foreign entity (no U.S. source of income) may qualify for a B-1 in lieu of H-1B.  While this category currently is under review by the State Department, it remains a valuable option for certain U.S. companies now that the H-1B cap has been reached.