 INS PROPOSES RULE ON RECEIPT OF HONORARIA BY VISITORS
This week the INS issued a proposed rule on the treatment of academic honoraria received by people holding B visas. The regulation was made necessary by a provision of the 1998 American Competitiveness and Workforce Improvement Act. Previously honoraria were accepted, but the law and the regulation clarify in exactly what situations receipt of honoraria is allowed.
Under the regulation, the event or activities for which the honoraria is given cannot last more than nine days, and must be on behalf of an institution of higher education or a related nonprofit organization, or on behalf of a nonprofit or governmental research organization. The visitor is limited to receiving honoraria from no more than five organizations over a single six-month period.
The rule will apply to both B-1 and B-2 visaholders, but the Service says that people coming to the US who know that they will be engaging in activities for which they will receive honoraria should apply for a B-1 visa. If this is known at the time of entry, the visitor must have documentation from the institution, such as a letter of invitation.
The regulation defines honorarium as “a gratuitous payment of money or any other thing of value to a person for the person's participation in a usual academic activity for which no fee is legally required and that an honorarium may be of any dollar amount with no minimum or maximum dollar amount required. ” Usual academic activity is broadly defined as including lecturing, teaching, and attending board and committee meetings. Public performances would be allowed, but to qualify they would have to be open to students and/or the general public and be free of charge.
Under the regulation, the institution or organization will not be considered an employer and will therefore not be required to verify employment eligibility. However, the rule indicates that the INS is prepared to oversee institutions to ensure that they are not attempting to circumvent the process of sponsoring an employee by abusing the honoraria system. | 
