International Office
Duke University School of Medicine School of Nursing Health System International House
"B" Visitor Honorarium and Reimbursement Payments
 

On 21 October 1998, President Clinton signed into law the American Competitiveness and Workforce Improvement Act (ACWIA). Prior to that legislation, universities struggled for years with the problem of paying the honoraria and reimbursements we had promised to international guest lecturers who came into the U.S. in visitor or tourist visa classification. Duke has been using the provisions of the law almost since the day it was signed, and during that time we have worked to inform Duke faculty and staff and our international guests of the documentation that federal law requires us to collect and keep.

It is the failure to collect and copy appropriate documents that causes most of the difficulty in making payments and reimbursements to these guests.

This FAQ will summarize the law and help you prepare for and accomplish the specific document collection and record keeping that the federal government requires.

Section 431 of the 1998 law permits educational and nonprofit research institutions to pay reimbursements for expenses and honoraria to international visitors engaged in academic activities. The International Office has prepared this FAQ, with tables and links, to give you the basics on how to use this law. It is important that we understand which people qualify, what documents we need to collect while they are in the U.S., and how to prepare the request to Accounts Payable. If we do not collect the required documents, Duke will not have the legal documentation it needs to pay the individual and withhold and report taxation properly. Failure to meet Internal Revenue Service (IRS) and Department of Homeland Security (DHS) documentation requirements can result in fines to Duke.

The text of the law in the Immigration and Nationality Act is very short, and we reproduce it here.

INA Section 212(q)

"Any alien admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period."

The "subsection (p)(1)" reference describes the organizations as

"(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), or a related or affiliated nonprofit entity; or

(B) a nonprofit research organization or a Governmental research organization,…."

Invitation for Visitors Engaged in Academic Activities
Declaration By Visitors Engaged In Academic Activities
1. Who is allowed to receive reimbursements and honorarium payments?
2. What is "B" visitor visa classification? How do I recognize it?
3. How is this different from what we were doing before?
4. How do I document the "B" classification for Duke Accounts Payable so that they can authorize reimbursement and honorarium payments?
5. What about the Canadians? Sometimes they come in and have absolutely no documentation. They often don’t even carry passports.
6. How will I know all of that? How will the visitor know all of that? Who is going to collect all of this information?
7. Do I still need to request J-1 visas for any of my guest lecturers? Can I just forget about doing that now?
8. Is anything other than lectures covered? What about demonstrating techniques, master classes, collaborative research, attending a meeting, or sitting on a dissertation committee?
9. What is Duke doing to make sure that our interests and needs are covered in the final regulations and in the implementation of this law?
10. I can feel my stress level going down already. How do I file with Accounts Payable to get a check?
11. What’s the catch? This seems too good to be true? What do I need to look out for?
12. If the "B Honorarium" rules do not work for me, what are the existing regulations related to B-1/B-2 visa holders?
13. Could you simplify all of this for me? I need an easy way to understand what I need to do.
14. I have more questions. Who can help me?
   
 
1. Who is allowed to receive reimbursements and honorarium payments?
  The visa classification must be that of a "B" visitor, and the individual must be engaged in academic activities at an academic institution or nonprofit research institution. The academic activity can last no longer than nine days. Visitors are limited to six (6) such reimbursements or honoraria payments in a six-month period.
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2. What is "B" visitor visa classification? How do I recognize it?
 

"B" visitor covers all of the following classifications. Any one of theses classifications or a combination, as indicated, can qualify for honorarium payments and reimbursements.

B-1 visitor for business
B-2 visitor for pleasure
B-1/B-2 visitor for a combined purpose
WB visitor visa waiver for business
WT visitor visa waiver for tourism
WB/WT visitor visa waiver for a combined purpose
One of these notations must appear on the Form I-94, Arrival/Departure Record, the small card that is normally stapled into the passport. The I-94 for B-1, B-2 is white; the I-94 for WB, WT is green. The WB or WT allows persons from certain countries to enter the U.S. without getting a visa stamp in the passport. Note that the key document is the I-94, not the visa stamp in the passport. Departments must see and copy the I-94 while the guest is in the U.S. The Department of Homeland Security (DHS) collects the I-94 at departure and it cannot be retrieved or recreated once the guest has left the U.S.

It is the failure to copy the I-94 that causes most of the difficulty in making payments and reimbursements to these guests.

NOTE: New Visa Waiver Program Passport Requirements as of October, 2005.
The Department of Homeland Security (DHS) reminds visitors that Visa Waiver Program (VWP) countries will be required to produce passports with digital photographs by October 26, 2005 . Visitors with valid machine-readable passports issued prior to October 26, 2005 , may continue to travel without a visa under the Visa Waiver Program. Passports issued on or after October 26, 2005 require the digital photo. Visitors who are issued a passport after the October 26, 2005 deadline that does not meet these requirements will be required to obtain a visa stamp in order to travel to the United States . For more information on Visa Waiver Program Passport Requirements, please go to: Homeland Security Web Site.

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3. How is this different from what we were doing before?>
  Under the old law we could reimburse documented expenses only to those admitted in B-1 or WB, "visitor for business," status. We could not reimburse expenses for those in B-2 or WT, "visitor for pleasure" status. No one could be paid an honorarium. Under the new law, all of these kinds of visitors may receive both reimbursement for expenses and payment of honoraria. Again, this applies only if the conditions outlined in Question #1 are present. If the conditions outlined in Question #1 are not met, please refer to Question #12.
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4. How do I document the "B" classification for Duke Accounts Payable so that they can authorize reimbursement and honorarium payments?
 

See Question 13, Tool 2 for Accounts Payable links and a Checklist.

IMPORTANT NOTE: If the foreign national is only being reimbursed for expenses and no honorarium is being paid, it is not necessary for him/her to have a Social Security Number or an ITIN.

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5. What about the Canadians? Sometimes they come in and have absolutely no documentation. They often don’t even carry passports.
  It is true. Canadians are not required to carry passports and often the U.S. DHS officer at the border just "waves them through." In order to cross the border, they must carry some form of identification that confirms their Canadian citizenship. Canadians often carry a card version of their birth certificate. You are allowed to accept a document other than a passport that confirms Canadian citizenship. Regarding the I-94, under DHS regulations, any Canadian citizen who is admitted without getting a Form I-94 is presumed to be in the U.S. in "B" status.
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6. How will I know all of that? How will the visitor know all of that? Who is going to collect all of this information?
  To make this as easy as possible for departments and for the international guests, we have created a one-page, front-and-back, invitation and declaration. See the top of this FAQ for links. You may send it to the visitors as invitations and then help them complete the declarations after they arrive at Duke. Visitors must make their own declarations about their prior activities. The Duke department can and should confirm only what we know about this visit to Duke. The Duke department is responsible for making sure the form is completed, for making the necessary photocopies, and for helping visitors apply for the ITIN if necessary. The Duke department is not responsible for confirming other visits or activities.
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7. Do I still need to request J-1 visas for any of my guest lecturers? Can I just forget about doing that now?
  Those people who meet the criteria (see Q1, Q2, and Q4 above) do not need the J-1. The "B" visitor status is much easier for international scholars to obtain and you do not have to do the paperwork for the J-1. However, any activity that will be over nine days or any activity that puts the scholar over the six-in-six-months limit, does not permit honorarium payments and may prevent reimbursements, as well. (See Question #12 regarding alternative status.) Those scholars still will need J-1 status. Also, in any situation where the department or the scholar prefers the J-1 status, the International Office will be pleased to provide those documents.
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8. Is anything other than lectures covered? What about demonstrating techniques, master classes, collaborative research, attending a meeting, or sitting on a dissertation committee?
  The law uses the term "academic activities," and leaves it to DHS, in consultation with the Department of Education (DoEd), to define the term "academic activities." We are taking a conservative approach on the nature of the activity. Until DHS and DoEd have defined the activities, we will assume that lectures and teaching are covered; other activities will be dealt with case-by-case, subject to review by the Office of University Counsel as necessary.
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9. What is Duke doing to make sure that our interests and needs are covered in the final regulations and in the implementation of this law?
  The Duke International Office has been involved in this effort from the beginning. We worked directly with the Association of American Universities (AAU) and NAFSA: Association of International Educators to help craft the law, and we will continue to work with them to recommend a definition to DHS and DoEd that recognizes the broad range of academic activities undertaken in today's global education and research environment. Duke has written a white paper on implementation that is in the hands of AAU and NAFSA for review. Prior to the creation of DHS, the legacy Immigration and Naturalization Service (INS) published a "proposed rule" that was more restrictive than the law. Higher education submitted comments indicating that INS could not implement a rule that was more restrictive than the law that Congress had passed. INS never made the rule "final," and DHS has not attempted to write a new regulation. That means that the text of the law is the only guide and the only limit for our use of the payment and reimbursement options.
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10. I can feel my stress level going down already. How do I file with Accounts Payable to get a check?
 

Accounts Payable has developed accounting procedures, instructions and forms and posted them on their web site. See below , Question 13, Tool 2, for Accounts Payable links and a Checklist.

If the International Office can help in any way, please call or e-mail us. Remember that if the activity does not include lecturing or teaching, we need to look at that case before the visitor leaves the home country to come to Duke.

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11. What’s the catch? This seems too good to be true? What do I need to look out for?
 

You are right. It is never as easy as it looks. Here are where problems can occur.

  • This only works for the "B" visitor visa classification. Someone coming from another university in another classification is not eligible. Diplomats, employees of foreign governments, military personnel or others on foreign government representative visas do not qualify. For example, employees of the World Bank or political officers attached to foreign embassies in the U.S. hold visa classes specific to the duties of their posts. They are not permitted to earn additional income through activities such as speaking engagements. Those who hold J-1 status must have permission from the home institution prior to doing the work. Those who hold H-1B status at another school are not eligible for this specific kind of honorarium payment. It is sometimes possible for the H-1B to receive payments or reimbursements, but the process can be much more complicated. Departments need to contact the International Office well in advance to set up H-1B or J-1 visits.
  • If we don’t get copies of the Form I-94, we have no evidence that our guests were in an eligible status. This evidence is required under AP procedures to get a check cut and to comply with federal laws and rules.
  • If they don’t have Social Security Numbers and the department does not help them file for ITINs at the IRS office, then Duke cannot pay them. Pay would have to be delayed until they could file for a number from the home country, a very long and painful process. See below for "How to Obtain a Social Security Number or an Individual Taxpayer Identification Number (ITIN)."
  • Nine days is the absolute visit limit, no exceptions. Any activity lasting longer than nine days does not qualify.
  • The academic butterflies flitting from school to school may exceed their limit of six schools in six months. If Duke is school number seven, then the visit does not qualify and we cannot pay.
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12 12. If the "B Honorarium" rules do not work for me, what are the existing regulations related to B-1/B-2 visa holders?
 

Without the B Honorarium rules, the options become much more restrictive.

  • B-1/WB status may only be reimbursed for expenses. No honorarium may be paid.
  • B-2/WT status cannot be reimbursed for expenses or paid honoraria.
  • Those in other visa classes can only be reimbursed or paid according to the specific rules of the visa class. Each one is different.
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13. Could you simplify all of this for me? I need an easy way to understand what I need to do.
 

Here are a few tools to help you:

TOOL 1. Quick formula. Payments and Reimbursements.

Plug in visa class and payment type, then read across:

B-1/WB Reimbursed expenses ONLY Declaration form not required.* NO SSN or ITIN*

B-2/WT

9-day Rule must apply

Reimbursed expenses ONLY Declaration form required. NO SSN or ITIN*

B-1/B-2/WB/WT

9-day Rule must apply

Payments/

Honoraria

Declaration form required. Must have SSN or ITIN

*IMPORTANT: Even though the declaration form or the SSN or ITIN may not be required for reimbursement only, be sure your department has made its final decision on payment before the guest leaves the U.S. Imagine that your department changes its mind later and decides to pay the guest in addition to reimbursing. If you have not collected the declaration and filed for SSN/ITIN application, then the payment can be delayed for months while you get all of that done and collect the documentation.

TOOL 2. Accounts Payable links and a Checklist

Departmental Procedures for Accounts Payable Purposes.

First, see the instructions and forms on the AP web site.

AP: Payment to Foreign Nationals. Note at the bottom of this document the list of items that the department should send to the alien prior to his/her arrival.

AP: Duke University Certificate of Foreign Status

AP: AP Check Request Form. Note item 4 regarding alien status.

Then follow this checklist of things the department must do when international guests arrive at Duke.

1. Make a photocopy of

__ the identification page of the passport (If Canadian, see A5.)

__ the expiration date page of the passport (may or may not be the same as the ID page)

__ the Form I-94, front and back

2. Help visitors read and complete the declaration form on which they confirm eligibility for payment. For copies of the invitation/declaration form contact the International Office.

3. If the visitors do not have Social Security Numbers, you will have to help them file for an Individual Taxpayer Identification Number (ITIN) at the local IRS office. You may contact Jackie Pollmiller at Duke Accounts Payable, 668-5225, for help. Filing for the SSN or ITIN "on-site" will not generate a card immediately. Make certain to have the officer at either agency make a copy of the application for you to present to Accounts Payable to show that you have filed the application. This will allow a check to be cut immediately, but tax will be withheld. If you wait for the card to be issued, a check can be cut at that later time, and tax may not be withheld, depending on the individual’s tax situation.

TOOL 3. Getting SSNs and ITINs.

How to obtain a Social Security Number or an Individual Taxpayer Identification Number (ITIN)

REMEMBER

Reimbursements do not require the SSN or ITIN.

Payments do require the SSN or ITIN.

The Social Security Administration (SSA) issues Social Security numbers. The Internal Revenue Service (IRS) issues Individual Taxpayer Identification Numbers (ITINs).
The IRS office is located at 3308 Chapel Hill Boulevard (Duke Forest Place). Take NC 751 (Academy Road) from Duke and take the exit heading toward Chapel Hill. As you merge onto Chapel Hill Boulevard, stay in the right lane. You will notice a service road to your right. At the first opportunity, turn right off the boulevard and onto the service road. Keep right and continue along the service road. You will be traveling in the opposite direction from which you just came. At the end of the service road, the red brick Duke Forest Place building will be up the hill to your left. You enter through the second set of glass doors on the left side of the building.

The SSA Office is located at 3004 Tower Boulevard. Take NC 751 (Academy Road) from Duke and take the exit heading toward Chapel Hill. As you merge onto Chapel Hill Boulevard, stay in the right lane. Go to the second stop light, Tower Blvd., and turn right. Take this road past the large University Tower building on your left. Just before the road dead ends at Pickett Road, the Social Security Office is in the brick building to your left.
Time and distance: about 9 minutes and about 4 miles.

Click here to see map

Social Security Administration. Telephone: 541-5443

Hours: Monday-Friday, 8:30 a.m.-3:30 p.m.

SSA web site for application forms

Internal Revenue Service. Telephone: 541-5379

Hours: Monday-Friday, 8 a.m.-4:30 p.m. and

Saturday, 8:30 a.m.-12:30 p.m. (Tax Season Only)

IRS site for application forms, etc.

Scroll down to see "forms" list. Scroll to W-7.

What the Foreign National Will Need:

SSN:

1) Authorization Letter for SSA from Duke Int’l. Office

2) Completed SS Card application. Obtain at SSA or Accounts Payable.

3) Passport

4) I-94 card

Foreign National must be present.

ITIN

Completed Form W-7. Obtain at IRS or Accounts Payable.
Passport
I-94 card
4) Second picture ID with country of citizenship listed (e.g. driver’s license, military ID, see W-7 instructions)

Strongly advise Foreign National be present, but someone from the department can take completed and signed W-7, original passport, and second form of ID for the foreign national who does not have time to go in person to the IRS office.

To apply for an ITIN before arrival, you may contact Jackie Pollmiller (668-5225) for a Form W-7, but the process requires sending original passport OR a copy certified by the issuing agency (e.g., passport office in foreign national’s country or his/her embassy located in the U.S.). If sending a certified copy, process should begin at least six (6) weeks in advance of the foreign national’s visit. For Social Security numbers and ITINs, expect 7-10 days and 6-8 weeks, respectively, before you receive your cards.

NOTE: For foreign nationals who do not have the SSN or ITIN, departments will have to bear the burden of assisting the foreign nationals to obtain one. You are, however, providing a service to them that will assist them in any future visits to the U.S. for which they expect to receive payment. In any written communication with them, you may wish to add a statement such as: "We are pleased to assist you in obtaining a U.S. Social Security Number or Individual Taxpayer Identification Number ITIN, as appropriate to your visa class. Please note that once issued, this will be a permanent number that you may present in any future situations where you receive payment in the United States."

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14. 14. I have more questions. Who can help me?
 

There are several sources of information.

  • For payment, reimbursement, Social Security/ITIN forms, and tax questions,contact Jackie Pollmiller in Accounts Payable -- 668-5225.
  • For visa questions contact the International Office.
  • University Departments contact Paul Bumbalough -- 681-8472 ext. 233
  • DUMC and DUHS Departments and Offices contact Catheryn Cotten -- 681-8472 ext. 238

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