Proposed Rule for B-1 Scholars Receiving Honoraria
Posted Jul 19, 2002

On May 30, 2002 the Immigration and Naturalization Service (INS) issued a proposed rule pertaining to B-1 visitors (for business) who accept honoraria in connection with academic activities in the U.S. Acceptance of such honoraria was made legal in 1998, as described in our article,
B-1 Admissions for Those Receiving Honoraria, archived on MurthyDotCom. However, final regulations implementing and clarifying this portion of the law were never established. Thus, the proposed regulations remain definitive.

In general, B-1 visa holders are not allowed to work or to be paid in the U.S. There are certain, limited exceptions, however. One of these exceptions is for visiting scholars, on B-1 status, who travel briefly to the U.S. to lecture, teach, or share knowledge at academic institutions or conferences. While these scholars are not employed in the U.S. and are not paid a salary, it is customary for academic organizations or institutions to make remuneration by payment or gift item, known as an honorarium.

While academic activities such as conferences are considered more appropriate for the B-1 status (business visitors) than for B-2 (visitors for pleasure or "tourists"), in certain circumstances a B-2 visitor may also accept an honorarium. Under the INS proposed regulation, if a person is already in the U.S. on B-2 status and later arranges to participate in academic activities, s/he may accept an honorarium. If the academic events are arranged prior to travel, then the person must be admitted to the U.S. in either the B-1 category or under the visa waiver program. (As regular readers of MurthyBulletin and MurthyDotCom are aware, the visa waiver program allows nationals of certain countries to visit without a visa.)

The types of academic activities for which the INS allows receipt of an honorarium are set forth in the proposed rule. These can include lecturing, teaching, attending committee meetings, and sharing knowledge. Performances, master classes, and readings are also acceptable, provided the events are not commercial in nature. These functions must be free of charge and open to students and/or the public. If tickets are to be sold for an event, then the B-1 visa is inappropriate. Rather, one must use some other type of visa, such as the O or P, depending upon the circumstances. The number of institutions that can be visited is also limited; INS allows up to five visits within six months.

Our article What Activities are Appropriate for B1s? available on MurthyDotCom, may prove useful for further guidance on allowable B-1 activities.