U. S. Citizenship and Immigration Services (USCIS) regulations are very specific about what types of payments may be made to each visa type, who may make the payments, and what type(s) of employment verification documents are required for the nonresident alien to receive payment.
An abbreviated list of common visa types, restrictions, and documentation is provided below:
- B-1 or VWB or WB (Visitor/Business) - May receive reimbursement for reasonabletravel expenses and, under limited circumstances, payments for compensation and honoraria.
- B-2 or VWT or WT (Visitor for Pleasure) - Under limited circumstances, may receive payments for compensation, honoraria, and reimbursement of reasonable travel expenses.
- F-1 (Student) may be employed up to 20 hours on campus if full-time student with valid Form I-20.
- F-2 (Dependent of F-1) may not be employed.
- H-1B may be employed by petitioner(s) only as identified on Form I-797A.
- J-1 (Exchange Visitor - Student) may be employed on campus up to 20 hours per week with written authorization of DSO (Contact - International Student Services) and a Form DS2019.
- J-1 (Exchange Visitor - Short term Scholar, Professor, Researcher or Specialist) is eligible to receive compensation and reimbursement payments from the organization and for the period stated on the DS2019. Visitor must have a Social Security or Tax ID Number for compensation payments.
- TN (Trade NAFTA - for citizens of Canada and Mexico) may be employed by the sponsoring employer through whom the status was obtained. Canadians must submit only an I-94 card as employment authorization and Mexicans must submit INS Form I-797A ("Notice of Action") as employment authorization. Not a valid visa type for payments to independent contractors!
- Canadians who enter the United States and are not issued a Form I-94 are considered to be in B status (compensation and reasonable travel expense reimbursement) with permission to remain in the US for up to six months.
- VWB or WB, or Visa Waiver for Business, is an agreement between the US and certain countries in which the visitor is not required to have a visa. Participants in the program must be present in the United States fewer than 90 days with a valid passport and a nontransferable, nonrefundable round trip ticket. Click here for a list of participating VWB countries.
Contact International Services
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