International Visiting Scholars - Emory University

On October 21, 1998, Congress enacted the American Competitiveness and Workforce Improvement Act (ACWIA). Among other things, the new legislation created a statutory provision related to B1 (business) or B2 (tourist) visitors. The provision has been interpreted to also include WB and WT visitors. The Act allows any nonimmigrant admitted in these immigration classes to accept an honorarium payment and associated incidental expenses for a usual academic activity or activities. The payment must be offered by an institution or organization and made for services conducted for the benefit of that institution or entity. Under the provisions of the Act, Emory University is pleased to invite international visiting scholars to lecture, consult, conduct workshops, or engage in other educational activities.

International visitors holding a B1 or B2 visa or WB or WT immigration status qualify for an honorarium and/or reimbursement of expenses, if the following conditions apply:

The visitor is engaged in the educational activity being compensated for nine days or less, and
The visitor has not been paid or reimbursed by more than five other institutions or organizations in the United States (U.S.) during the past six months.

If these conditions apply and the scholar qualifies, he or she may apply to a U.S. consulate for a B1 or B2 visa or (if a citizen of a participating country) at a port of entry for WB or WT immigration status.

Please note that the statutes related to reimbursement of expenses for visitors on a B1 visa or in WB immigration status have not changed. Visitors in these categories may still be reimbursed for expenses related to their academic activity (beyond the nine-day period and by more than five institutions during the past six months) as long as their immigration status is valid. Original receipts are required for some reimbursable items (can accept per diem up to $50 per day). However, in order to be paid an honorarium, B-1 and W-B visitors must meet the criteria listed above.

Applying for a B1 or B2 visa and admission to the U.S.

Present the following documents at a U.S. consulate:

Forms DS-156 & DS-157, the standard and supplemental non-immigrant visa applications (available from consulate or online)
Supporting letter from employer or, if self-employed, from himself or herself
Supporting documentation establishing:

Nonimmigrant intent
Legitimate business activity in which the scholar will engage (i.e., letter of invitation-description of the activity, terms and conditions, amount to be paid, length of activity-from U.S. host)

Passport, valid for at least six months from date of intended entry
Photograph (passport-sized)
Application fee (if any)
Fee for machine-readable visa

After obtaining the B1 or B2 visa, present passport with valid B1 or B2 visa, supporting letter, and supporting documentation at a port of entry to apply for admission to the U.S.

The Visa Waiver Program (VWP) for B visitors

Nationals of eligible countries can visit the U.S. for up to 90 days for purposes acceptable in the B1 and B2 visa categories, but without needing to obtain a visa before boarding a U.S.-bound flight. Participants in the VWP are not eligible for an extension of stay or change of nonimmigrant status. Countries participating in the program: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom, and Uruguay.

Applying for WB/WT immigration status and admission to the U.S.

The VWP imposes the following terms and conditions for participants:

Machine Readable Passport (as of 10/26/2004), valid for at least six months from date of intended entry
Arrival by air or sea, carrier must be a participant in the program
Arrival by air or sea, nontransferable, nonrefundable, round-trip ticket
Arrival by land, must show financial solvency and nonimmigrant intent
Completion of Form I-94W, on carrier before arrival or at land border

Scholars who do not meet the conditions for a B1 or B2 visa or WB or WT immigration status must obtain a J1 visa, if eligible. To apply for a J1 visa, a Certificate of Eligibility (Form DS-2019) is required and should be requested from the Emory host.

Requesting a form DS-2019 from Emory host

Include the following documents with the request for the Form DS-2019:

Curriculum vita or resume
Evidence of qualifications to engage in the activity being compensated, which may include one of the following:

copy of published research article
English translated diploma
testimonial letter or letter of recommendation
critical reviews
other evidence of qualifications

The Emory host will contact the scholar, if addition information is required.

Passport and visa exemptions

Citizens of Canada, the Federated States of Micronesia, and the Republic of the Marshall Islands are not required to have a passport or visa before entering the U.S. Note, however, that Canadian nationals entering the U.S. from outside the Western Hemisphere must have a passport, but not a visa. The scholars from these countries present evidence of their qualifications to an immigration officer at the port of entry.

Social Security or Income Tax Identification Number (ITIN)

In order to receive an honorarium, the scholar must have a U.S. social security number or an ITIN. To prevent delays in payment, scholars should obtain the ITIN number before coming to the U.S. The IRS has permanent staff available to help process Form W-7 applications for the ITIN, at the following U.S. embassies overseas: Berlin, London, Mexico City, Paris, Rome, Singapore, and Tokyo. For contact information, go to www.irs.gov/localcontacts.

In addition, there are public accounting firms overseas in certain countries, which are acceptance agents for Form W-7 applications for the ITIN. For a list by country go to the following web site, www.irs.gov/individuals. If the service is not available, the ITIN can be obtained after arrival in the U.S. Scholars who obtained a social security number or ITIN on a previous visit to the U.S. can use the same number.

Reimbursement of travel expenses can be made without a social security number or ITIN, however expense receipts are required. For information on reimbursements go to www.finance.emory.edu.