June 10, 2002

Immigration and Naturalization Service Proposes Amendment of Academic Honorarium

The Immigration and Naturalization Service (INS) published a proposed rule in the Federal Register, relating to the acceptance of academic honoraria by nonimmigrants admitted to the United States as B visitors. The amendment is the result of the changes in the Immigration and Nationality Act, brought about by the American Competitiveness and Workforce Improvement Act of 1998. This is a proposed rule and comments must be submitted on or before July 29, 2002.

Specifically, the amendment clarifies that foreign nationals in the United States for whom opportunities arise subsequent to arrival in the United States, may accept honoraria when they are in either B-1 or B-2 status. Foreign nationals not yet in the United States who anticipate that they will engage in activities for which they may receive honoraria, must seek admission as a B-1, rather than a B-2 nonimmigrant. Those eligible to seek admission under the Visa Waiver Program, the corresponding WB (Visa Waiver/Business) classification is the appropriate one. Prior to the change in law in 1998, honoraria could not be paid and B-1 visitors were permitted only reimbursement for reasonable, out-of-pocket expenses. The benefit of permissible honoraria applies to such activities as lecturing, teaching, consulting, conducting research, attending meetings, and symposia or seminars in association with institutions of higher education and related or affiliated nonprofit entities, nonprofit research organizations, and Governmental research organizations.

The proposed rule also limits honorarium activity by restricting honorarium and reimbursement of the associated expenses from no more than five organizations, and the event may not last more than 9 days at any single institution. These limitations apply to 6-month periods.

  CFR: Academic Honorarium for B Nonimmigrant Aliens (PDF/81 kb, 11 pages)