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The B-1 Visitor for Business visa classification may be used by scholars coming to the United States for temporary stays (generally less than six months) to participate in scientific, educational, professional, or business conventions/conferences, or to undertake independent research. A B-1 Business Visitor may not accept full-time, part-time, or temporary teaching or research positions or other employment for which they are paid by a U.S. institution.
A U.S. employer may legally provide the B-1 visitor with a subsistence allowance (per diem) or reimbursement for travel and living expenses. At MIT, a B-1 visitor may be given a short-term, non-salaried appointment provided that these guidelines are followed. WB classification, granted as part of the Visa Waiver Program, has similar guidelines.
An honorarium may be paid to an individual in either B-1 or WB visa status for 'usual academic activities' under certain circumstances. For the honorarium payment to be permitted, the academic activity must not last longer than nine days and the individual may not have accepted similar payments from more than five institutions during the previous six months. MIT's interpretation of this section of the Act [INA Section 212(8 U.S.C. 1182)(q)] is that honoraria payments are limited to a maximum of six visits in a six-month period, each visit lasting no longer than nine days, at MIT and/or other institutions.
MIT's Office of the VP for Finance/Accounts Payable is required to withhold 30% of the honorarium payment for tax purposes. If the individual wishes to claim tax treaty benefits, he/she must have a Social Security or Taxpayer Identification Number.
A person requesting a B-1 visa at a U.S. Embassy or Consulate abroad must present a letter of invitation from MIT. The Consul has sole discretion in the decision to grant or not to grant any visa, therefore, success cannot be guaranteed. The invitation letter must state the purpose of the visit, the dates of the visit, and also that no salary will be paid by MIT. [If the visitor will be receiving an honorarium, the visit may not exceed nine days. The letter should include a statement such as "In order to receive this honorarium you have indicated that you have not accepted similar payments from more than five institutions in the past six-month period, per INA Section 212(8 U.S.C. 1182)(q)"].
The MIT letter must also be presented to the immigration inspector at the point of entry into the United States, and the visitor must request entrance as a B-1 Business Visitor. The immigration inspector will decide the appropriateness of the visa classification and will note "B-1" on the scholar's entry permit (Form I-94, the small white card stapled in the passport). The notation on the Form I-94 is of the greatest importance. A person may have a B-1/B-2 visa stamp in his or her passport, but the immigration inspector will decide upon the visa classification after reviewing the MIT letter of invitation and will note the I-94 appropriately.
B-2 Visitors for Tourism (or "WT" under the Visa Waiver Program) may not have any kind of professional affiliation or receive any payment while in the United States. The B-2 and WT are strictly tourist classifications. [Exception: Reimbursement or honorarium payments are possible under the recent legislation for usual academic activities that will last no longer than nine days per institution. The individual may not have accepted similar payments from more than five institutions in the past six-month period. These individuals should NOT be on appointment at MIT.]
Certain scholars coming to the United States for tourism or short business visits can enter without getting a visa stamp in their passport under the Visa Waiver Program. To be eligible, a scholar must be a citizen of one of the countries listed below.
Established Visa Waiver Program Countries:
Andorra |
Iceland |
Norway |
Australia |
Ireland |
Portugal |
Austria |
Italy |
San Marino |
Belgium |
Japan |
Singapore |
Brunei |
Liechtenstein | Slovenia |
| Denmark | Luxembourg |
Spain |
| Finland | Monaco |
Sweden |
| France | The Netherlands |
Switzerland
|
| Germany | New Zealand | United Kingdom |
Visa Waiver Program Expansion Countries:
| Czech Rebublic | Latvia | Slovakia |
| Estonia | Lithuania | South Korea |
| Hungary | Malta* |
*Malta was added to the visa waiver program on December 30, 2008. The other visa waiver expansion countries listed above were added on November 17, 2008.
Additionally, he/she must intend to remain in the United States for fewer than 90 days; hold the appropriate type of passport; obtain the necessary authorization via the Electronic System for Travel Authorization (ESTA); and have a nontransferable, nonrefundable round-trip ticket.
Requirements for Citizens of Established VWP Countries: Beginning October 26, 2004, passports must be machine readable. Additionally, new passports issued on or after October 26, 2005 must contain a digital photograph and beginning October 26, 2006, new passports must be e-passports. Starting January 12, 2009, an approved authorization via ESTA must be obtained before traveling to the United States.
Requirements for Citizens of VWP Expansion Countries: Effective November 17, 2008, citizens of VWP expansion countries must have an e-passport and approved authorization via ESTA in order to travel to the United States.
Prospective WB scholars must check with the relevant passport issuing authority in their home country to ensure that their passports are compliant BEFORE entering the United States. Anyone expecting to be admitted in WB or WT status who does not present the appropriate type of passport will not be admitted to the United States.
ESTA applications are free and may be submitted online at https://esta.cbp.dhs.gov/ at any time prior to travel (at least 72 hours prior to travel is recommended). Please Note: This is the ONLY official U.S. government website for ESTA.
Once
approved, an ESTA authorization generally will be valid for up to
two years or until the applicant's passport expires, whichever comes
first, and will be valid for multiple entries into the United States.
Extensive questions and answers about ESTA™ may be found
at: http://www.cbp.gov/linkhandler/cgov/travel/id_visa/esta/
about_esta/esta_faq.ctt/esta_faq.pdf.
PLEASE NOTE:
Scholars in WB classification cannot extend their stay in the United States or change immigration status. Entry under the Visa Waiver Program (WB) is an excellent option for scholars who will not receive a salary. These scholars would otherwise need to apply to a U.S. Embassy or Consulate for a visa stamp in either the B-1 (Visitor for Business) visa classification, or in another non-immigrant classification, such as J-1 Exchange Visitor.
As with the requirements for the Visitor for Business (B-1) visa classification, scholars coming under the Visa Waiver Program (WB) must have a letter of invitation from their MIT faculty host to present to the immigration inspector at the airport when they enter the country (see the information above about particular contents of the invitation letter). At the discretion of the inspector, the scholar's Form I-94 will be noted "WB," and he/she will be permitted to engage in business activity while in the United States. The scholar may be appointed at MIT and may be reimbursed for travel/living expenses but may not receive a salary. [An honorarium may be paid to the WB visitor, provided that the nine-day limit and all other guidelines mentioned previously are followed.] Visitors who do not present a letter of invitation from MIT will be admitted "WT," Visitor for Tourism, and may not be appointed at MIT.
All B-1 or WB scholars who receive appointments at MIT must register with the International Scholar's Office. Contact the ISchO with any questions about visa regulations or procedures, and for information on the most appropriate visa.
More information about the Visa Waiver Program:
U.S. Department of Homeland Security website:
http://www.dhs.gov/xtrvlsec/programs/content_multi_image_0021.shtm
U.S. Department of State website:
http://travel.state.gov/visa/temp/without/without_1990.html
Last Updated: October 2009