B-1/B-2 Business or Pleasure Visitor & Visa Waiver

A foreign national coming to the U.S. to engage in activities for which he or she intends to accept an honorarium must seek admission to the U.S. as a B-1, rather than as a B-2.  Those seeking admission under the Visa Waiver Program should also seek the corresponding Visa Waiver/Business (WB).  A B-2 (tourist) or WT (visa waiver tourist) will not violate the terms of admission by accepting an honorarium.  If the foreign national knows at time of entry he or she will receive an honorarium, then they should enter under the business category.

Only colleges, universities, and non-profit research organizations, or governmental research agencies are allowed to pay honoraria and incidental expenses. There is no specific immigration document to send B visitors. Invitation letters should be sent to the foreign visitor to present at the U.S. consulate/embassy or port of entry.  Invitation letters should clearly specify the honorarium-related activity as well as the date and location of the activity.  We also recommend including a statement that there is no employment associated with this visit to the US and outlining reimbursement conditions.

“Honorarium” means a gratuitous payment for participation in a usual academic activity for which no fee is legally required; honorarium may be of any dollar amount.

“Usual academic activity” means those activities for the benefit of the institution that include, but are not limited to: lecturing, teaching, consulting, conducting research, attending meetings, symposia or seminars, or otherwise sharing knowledge, experience, or skills in master classes, readings, and performances (when the audience is composed of non-paying students and/or open to the general public and general admission tickets to the public have not been sold), and meetings of boards, committees, or merit review panels. The rule precludes the sale of tickets for usual academic activity, and states that in such circumstances the foreign national would need to avail him or herself of another visa category.

“Associated incidental expenses” reimbursements or payments for travel costs, lodging, meals, uniforms, and supplies are allowed. 

Western Michigan University may pay honoraria and/or travel expenses to a B status holder if:

• duration of the activity is 9 days or less; and
• visitor has not been paid/reimbursed by more than 5 other institutions during the past 6 months.
  

VISA WAIVER PROGRAM LIST
The Visa Waiver Program (VWP) enables citizens of participating countries to travel to the U.S. for tourism or business.  VWP has been extended permanently and allows qualified travelers to enter the U.S. visa-free if they are citizens of the following countries and meet the following conditions:

• They are traveling for business or pleasure and have a valid passport issued by a participating Visa Waiver country. The law requires that, by October 26, 2005, Visa Waiver Program countries issue tamper-resistant passports containing biometric identifiers. In addition, Visa Waiver Program travelers will be required to present biometric passports when entering under the program, though only if the passport was issued on or after October 25, 2005. 
• They will stay in the U.S. for ninety days (90) or less – no extensions or changing status is allowed. 
• They enter the U.S. via a land border or aboard a participating carrier.
• They have an onward or return ticket if traveling by air or sea.
• They have no visa ineligibilities and are a national of the Visa Waiver Program country.
• They must present to the Immigration Inspector a completed and signed Form I-94W (obtained on an airplane or at a port of entry).  
• They must agree to waive the right to review or appeal an Immigration Officer's admissibility decision and waive the right to challenge removal. 
• They must not pose a safety threat to the U.S. and have no previous violation of U.S. admission.

The list of VWP countries can be found at the U.S. Department of State website, http://www.travel.state.gov/visa/temp/without/without_1990.html. 

For more information, please contact an advisor in International Admissions and Services.