"9-5-6" Rule for B, Visa Waiver and Certain Other Nonimmigrant Visitors to the U.S.
From Section 212 of The Immigration and Nationality Act:
"(q) Any alien admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period."
Regulatory guidance regarding the "9-5-6" rule has been proposed and may be implemented at any time.
Current guidance regarding the rule was provided in a 1999 USCIS memo. Based on this memo, nonimmigrants entering the U.S. in B status, under the visa waiver program or entering the U.S. as a business visitor or tourist without a visa as described in Section 212.1 of INA (such as a Canadian visitor) may be eligible to receive an honorarium if complying with the below requirements, and only if already in possession of a valid U.S. social security number.
Based on the USCIS policy memo and the text of INA, the requirements for a visiting foreign national to receive an honorarium for services at U.Va. while visiting the U.S. as a business visitor or tourist are as follows:
- The foreign national must have been lawfully admitted to the U.S. pursuant to B status, the visa waiver program or INA 212.1 as a business visitor or tourist (Note that the proposed regulation will require the foreign national to be admitted to the U.S. as a business visitor - not a tourist. Accordingly, if a foreign national knows that he or she will be visiting U.Va. to engage in activity related to an honorarium, that foreign national should request admission to the U.S. as a business visitor);
- The honorarium payment and associated incidental expenses must be for usual academic activity or activities lasting no longer than 9 days;
- The honorarium payment and incidental expenses must be provided for services conducted for the benefit of U.Va.; and
- The foreign national must not have accepted such payment from five or more institutions in the previous 6-month period.
All information contained on this page is subject to change without notice. Any information drafted by U.Va. is meant to serve only as a summary of existing U.S. government guidance, and should not be taken as legal advice.
Last updated 10/18/06.