B Visas Generally
B visas are issued by U.S. consulates to foreign nationals seeking to enter the U.S. as tourists (B-2) or business visitors (B-1). B visas are generally issued for a 5- year period, allowing the holder to make multiple entries into the U.S. during that time. At the airport or land port of entry, CBP inspects the B visa, questions the visitor, and makes a determination of length of stay in the U.S. The length of stay is recorded on an I-94 card put into the visitor’s passport and can vary in length from a few days to six months.
B visas and admission as a B-1 (as opposed to B-2) can be difficult to obtain. The U.S. has agreements with approximately 24 countries that allow foreign visitors to enter the U.S. on a 90-day card under the Visa Waiver Program. Thus, foreign nationals from these countries are encouraged to use the no-visa system and discouraged from formal application at a U.S. consulate. Foreign visitors from countries not on the Visa Waiver list are often suspected of seeking to work in the U.S. and are refused B visas.
Academic Honorarium
Visitors admitted to the U.S. under B visas and the Visa Waiver Program may accept honoraria and payment of associated incidental expenses for usual academic activity for the benefit of the paying entity. The honorarium-paying entity must be an institution of higher education, a nonprofit research organization or a Government research organization. The academic activity may not last longer than nine (9) days at any single institution. Additionally, honoraria and associated expenses may not be accepted from more than five (5) institutions or organizations during a 6-month period. Thus, the visitor is limited to a maximum of 45 possible days of academic activity during a 6-month period. Finally, the visitor must not have accepted honoraria or payment for expenses from more than five (5) institutions or organizations in the previous 6-month period.
Under the proposed rule, an honorarium is defined as a payment of money or other thing of value to a person for her/his participation in a usual academic activity for which no fee is required. The value of an honorarium may be any dollar amount with no minimum or maximum. An honorarium is not a salary or any other compensation for services rendered on a continuing basis. "Associated expenses" mean reimbursements or payments for travel costs, lodging, meals, uniforms, or supplies.
"Usual academic activity" means activity conducted for the benefit of the honorarium-paying institution and includes lecturing, teaching, consulting, conducting research, attending meetings, symposia or seminars, or otherwise sharing knowledge. Readings and performances are included academic activities, so long as the activity is open without charge to the public and/or students.
What constitutes a "single institution"?
The term "single institution" applies to an entity that has branches or campuses in more than one location. For purposes of applying the 9-day limit, if the visitor is providing an identical service at more than one location of the institution during the 9-day period and is given one honorarium payment, this will be considered one activity. In contrast, if the visitor is providing different activities at different branches or campuses and the different branches or campuses are paying separate honorarium payments for the visits, then each visit to each branch or campus will be considered a separate visit, calculated against the maximum of five allowed activities within the 6-month period.
Do the visitors need any documentation?
Yes; if applying for admission as a B-1 or WB visitor stating the intent to participate in an academic activity for which an honorarium will be awarded, the visitor must have a letter of invitation from the organization sponsoring the honorarium-related activity. The letter of invitation should clearly specify the honorarium-related event or activity and the date(s) and the location of the event. The letter must be produced for inspection if requested by an inspecting Service officer at the U.S. port-of-entry where the visitor is applying for admission.