US. Citizenship and Immigration Services (USCIS) regulations are very specific about types of payments, who can make payments, and employment verification documents required for a non-resident alien visa type.
An abbreviated list of common visa types, restrictions, and documentation is provided below:
- B-1, VWP, or WB (Visitor/Business) - Under limited circumstances, may receive reimbursement for travel expenses and payments for compensation and honoraria.
- B-2 or VWP or WT (Visitor for Pleasure) - Under limited circumstances, may receive payments for compensation, honoraria, and reimbursement of travel expenses.
- F-1 (Student) - May be employed up to 20 hours on campus if they are a full-time student with a 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) - Eligible to receive compensation and reimbursement payments from the organization 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 not issued a Form I-94 entering the United States are considered to be in B status (compensation and travel expense reimbursement) with permission to remain in the U.S. for up to six months.
- VWP is an agreement between the U.S. 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 VWP countries.
Contact International Services
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