Summary of Federal Laws
Employment
Miscellaneous Employment Laws
The Immigration and Nationality Act of 1952 (INA) (as amended)
8 U.S.C. § 1101 et seq.; 20 CFR Part 655;
22 U.S.C. § 2451 et seq.; 22 C.F.R. § 62.1 et seq.
For additional information, see the Immigration and Nationality Act (as amended) in the sections of this summary on Students.
Inviting and Paying International Scholars and Visiting Faculty
Honoraria
Within academia, it is a customary practice to give a visiting scholar a nominal monetary gift, generally at a time when the individual has come to campus to engage in some sort of academic activity during which he or she shares his or her expertise. Before extending an honorarium to an international scholar, it is important to first understand whether or not it is legally possible to pay the honorarim. For more information see Honoraria Payments to Internationals.
Visa Waiver Program
Citizens of certain countries do not need to obtain a visa in their passport if they are coming to the U.S. for periods of less than 90 days and will be entering as visitors either for business or for tourism. In order to enter the U.S. under the visa waiver program provided certain conditions apply. See the Visa Waiver Program for more information.
Tax Issues
The payments to visiting international faculty or scholars may be taxable under US Tax Law. Each case must be evaluated independently. See Scholarships and Fellowships Paid to Foreign Students and Scholars for more information on this topic.
Employment Status
When inviting individuals to campus it is important to understand the intersection between immigration law and employment law. Immigration status is sometimes a secondary consideration to employment and tax law when inviting individuals to campus. Consult with your legal office or Office of International Student and Scholar Services before extending the invitation to facilitate timely payment. See also a Chart on Definitions of various types of employment/non-employment classifications.
Federal Register Notices
Final Rule: Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports of-Entry From Within the Western Hemisphere; 73 Fed. Reg. 18384, April 3, 2008.
Effective June 1, 2009, this rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain nonimmigrant aliens enteringthe United States. This final rule details the documents U.S. citizens and nonimmigrant citizens of Canada,Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere. See the Dept. of State Western Hemisphere Travel Initiative page for a short summary of current and future necessary documentation.
6/10/09 new page created with Helene Robertson, Director ISSS CUA
Last Revised 10-Jun-09 12:04 PM.
