US Citizenship Restrictions

U.S.Citizenship and Immigration Service (USCIS) Restrictions

The Immigration and Nationality Act states:

"Any alien admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period."

Section (p)(1) defines institutions and organizations as: "(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), or a related or affiliated nonprofit entity; or (B) a nonprofit research organization or a Government research organization..."

Kennesaw State University will make payments of this type to Foreign Nationals with B-1, B-2, WB or WT visas. The visa holder must complete the following documents BEFORE payment can be made:

  1. International Foreign National Information Form (FNIF)
  2. International Honoraria Certificate Form
  3. IRS W8BEN Form

Per USCIS Guidelines, H1-B, TN and O-1 visa holders that are not sponsored by Kennesaw State University CANNOT receive payments from Kennesaw State University.

J-1 visa holders who fall under the category of Professor, Specialist, Trainee, Researcher or Physician and are NOT sponsored by Kennesaw State University must provide a written statement from their sponsoring institution granting them permission to receive payment from Kennesaw State University.

F-1 visa holders (students) are NOT eligible to work for anyone other than the sponsoring university unless they are on OPT, CPT (employment must still be related to course of study) or have an EAD from the USCIS authorizing employment for other purposes (asylum, economic hardship).

Note: Be aware that visa holders are NOT eligible to receive payment for certain activities. Paying them for these activities violates their immigration status and could result in future immigration problems or their deportation. Please protect Kennesaw State University and our international visitors by verifying this information PRIOR TO the activity taking place.

If you have a service or travel payment, or honorarium to a J-1 student, an F-1 student or a visa type not mentioned or have other questions, contact International Services at the email address below.

Contact International Services

If you have questions or require additional information, email: internationaltax@kennesaw.edu.
 

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