Employment, Other Compensation and Reimbursement of Foreign Students & Scholars

A permanent resident's visa is documented by CIS on Form I-551, the Alien Registration Receipt Card. Although no longer green, it is commonly know as "the green card."

NON-IMMIGRANT VISAS

A non-immigrant's visa classification, place and date of admission to the U.S. and the initial period of authorized stay is recorded on Form I-94 (Departure Record), a small white card issued by CIS upon entering the country. It also records certain later CIS actions such as change of nonimmigrant classification and, in many visa classifications, extension of stay. Form I-688 B or Form I-766, the photo identification Employment Authorization Document (EAD), is evidence of permission to work for some but not all visa classifications.

B-1: Visitor for Business -This visa is occasionally held by short-term visiting academics. The individual may not receive any salary. For visits lasting no longer than nine days at a single academic institution (institution of higher education or affiliated nonprofit entity or governmental research organization) the individual may receive honoraria for usual academic activities and associated incidental expenses such as reimbursement for travel, lodging and meals or a reasonable per diem. The individual may not accept honoraria from more than five institutions or organizations within a six month period. For visits longer than nine days or for visits beyond five within a six month period, the individual may only receive incidental expenses for travel, lodging and meals or a reasonable per diem.

B-2: Visitor for Pleasure - This is the tourist visa. The individual may not receive any salary. For visits lasting no longer than nine days at a single academic institution (institution of higher education or affiliated nonprofit entity or governmental research organization) the individual may receive honoraria for usual academic activities and associated incidental expenses such as reimbursement for travel, lodging and meals or a reasonable per diem. For visits lasting longer than nine days at a single institution the individual may not receive any payments (including honoraria, travel, lodging, and meals or per diem).

* F-1: Student - In addition to Form I-94, these students have Form I-20, the Certificate of Eligibility for Student (F-1) Status. Form I-20 records a student’s admission number, designated institution, authorized transfers, extension of stay, authorized curricular practical training, etc. Employment on-campus at the school the student is authorized to attend, as noted on Form I-20, is permitted, not to exceed 20 hours per week while school is in session and unrestricted during school vacations, provided the student continues to be enrolled full-time and does not displace a U.S. citizen. Employment off-campus is not permitted during the first academic year in F-1 status. Thereafter, it may be authorized in one-year increments only if a student demonstrates severe economic hardship caused by unforeseen circumstances beyond the student's control. When authorized, employment is not to exceed 20 hours per week while school is in session and is unrestricted during school vacations. An EAD is required for need-based off-campus employment. (The limitation on employment while school is in session is 20 hours per week in the aggregate, combining any on-campus with any authorized off-campus work). Practical training is available to students who have been enrolled on a full-time basis for at least nine consecutive months (an academic year or two semesters). Optional practical training permits, upon the recommendation of a designated official in International Affairs, up to 12 months full-time employment in the aggregate, directly related to the student's major field, commensurate with the student's educational level, in the following instances: (1) during a student's vacation periods, (2) while school is in session, provided it does not exceed 20 hours per week, (3) after completion of all coursework for a degree, or (4) after completion of the course of study. An EAD is required for optional practical training. This can be extended up to 17 additional months (29 months maximum) for students in specified fields related to science, technology engineering and mathematics.There are special curricular practical training provisions for students enrolled in alternate work-study, cooperative education, internship or practicum programs as an integral part of their curriculum. When authorized, it is indicated on the student's Form I-20. Students who have received 12 months or more of full-time curricular practical training are not eligible for optional practical training.

F-2: Dependent of Student - No employment is permitted.

* J-1: Exchange Visitor (may include students, professors, research scholars, short-term scholars and specialists) - This classification is documented by Form DS-2019, the Certificate of Eligibility for Exchange Visitor (J-1) Status. J-1 STUDENT: Employment may be authorized by the student's Exchange Visitor Program Sponsor (the organization issuing Form DS-2019 to the student, such as International Affairs at UNL, an exchange organization or a U.S. government agency) in advance and in writing for a period not to exceed 12 months, not to exceed 20 hours per week except during official school breaks and during a student's annual vacation, provided the student is in good academic standing, only in the following circumstances: (1) pursuant to the terms of a scholarship, fellowship or assistantship, (2) on-campus at the institution the student is authorized to attend, or (3) off-campus based upon serious, urgent and unforeseen financial need. Employment authorization may be renewed in advance and in writing by the Program Sponsor. Academic Training (full-time employment in a student's major field of study) may be authorized in advance and in writing by the Program Sponsor for up to 18 months (up to 36 months for post-doctoral training) upon the recommendation of the student's academic adviser or dean who must indicate how the training meets specific regulatory criteria. J-1 PROFESSORS AND RESEARCH SCHOLARS): Visiting professors and researchers may engage in teaching, lecturing or research at the location listed on Form DS-2019 for a period up to five years. There are certain restrictions on returning to the U.S. after completing their program of research or teaching. Occasional lectures or consultations at other locations may be authorized in writing by the Program Sponsor only if certain regulatory criteria and procedures are satisfied

J-2: Dependent of Exchange Visitor - Employment may be permitted for the maintenance and support of members of the family, excluding the J-1 visa holder, when authorized and noted by CIS on Form I-94. An EAD is required in this classification.

*H-1B: Temporary Worker in a Specialty Occupation - (may include faculty members and researchers, including some post-doctoral fellows, and other professional employees) Employment authorization (limited to the specific employer and the specific employment approved) is inherent in this classification, documented by both Form I-94 and Form I-797, the Notice of Approval. This is limited to six years in the agreggrate (all H-1B employment in the U.S. with all employers) Special rules apply to individuals already in the H-1B visa classification who are seeking a position with a new employer or seeking a new position with the same employer.

H-4: Dependent of Temporary Worker in a Specialty Occupation - No employment is permitted.

O-1 Alien of Extraordinary Ability -This visa is held by individuals with extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by substantial national or international acclaim. Employment authorization (limited to the specific employer and the specific employment approved) is inherent in this classification, documented by both Form I-94 and Form I-797, the Notice of Approval.

TN: North American Free Trade Agreement (NAFTA) Professional - Employment for citizens of Canada and Mexico is permitted in one of several designated professions or occupations for up to one year. The employer is designated by CIS on Form I-94.

TD: Dependent of NAFTA Professional -No employment is permitted

WB: Visa Waiver for Business - Citizens of certain designated countries may enter the U.S. without a visa pursuant to this temporary program. For payment purposes the WB classification is identical to B-1..

WT: Visa Waiver for Tourism - Citizens of certain designated countries may enter the U.S. without a visa pursuant to this temporary program. For payment purposes the WT classification is identical to B-2.

Special Situation for Canadian Citizens:

Canadians do not need a visa to enter the U.S. When they enter, the Immigration Inspector generally issues a Form I-94 and makes a notation of their visa classification on that document. This governs their eligibility for employment and/or reimbursement for travel expenses, reimbursement for lodging and meals and payment of an honorarium. Occasionally, Canadians enter the U.S. with being issued a Form I-94. In that instance their status in the U.S. (B-1 or B-2) and the regulations that govern them depends on their purpose in visiting this country. In order for them to receive any payment from their academic host, they must execute an affidavit to the effect that they entered the U.S. on a certain date at a certain port of entry and state the purpose of their visit. If travel, lodging or meals will be reimbursed or if per diem or honorarium payments will be made, it is preferable to ask the Immigration Inspector at the port of entry to issue a Form I-94 with a B-1 or B-2 notation, as appropriate.
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In no instance may an individual accept employment until he or she holds a visa classification permitting such employment and, where appropriate, such permission has been duly authorized.

Permission to be employed ceases at the conclusion of a program of studies or at the expiration of the period of lawful stay, whichever is earlier, or at the expiration of employment authorization as noted by CIS.

Employment may continue in certain F-1, J-1, H-1B, O-1 and TN instances, pending CIS approval of a timely request for extension of stay or the replacement of a document on which employment authorization was noted.

Employers may be cited, fined and/or imprisoned for hiring a person ineligible for employment or maintaining an employee who is no longer authorized to be employed.

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5/2008