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Handbook of Business Procedures

Date published: 
Last revised: 
Issued by: 

Dec. 2, 2010
Dec. 2, 2010
Contractor Services

 

Part 12. Independent Contractors - Table of Contents


12.5.10. VISA TABLE


Visa

Type

Guidelines & Restrictions

A-1

Foreign diplomatic personnel

May only be employed by foreign government entity.

A-2

Other foreign government employees or members of immediate family.

Spouses and unmarried dependent children of foreign government officials may be employed if they obtain Form 1-566, authorized by a Department of State representative, subject to restrictions stated in the regulations or cited on the Employment Authorization Document (EAD).

A-3

Attendant, servant, or personal employee of A-1 and A-2, and members of immediate family.

May only be employed by foreign government entity.

B-1

Temporary visitor for business

May be paid honorarium, stipend, or other form of compensation for services conducted for the benefit of The University of Texas at Austin from a U.S. source for activity lasting up to nine days, for a maximum of five honoraria during the last six months. Reimbursement is allowed for expenses incurred by the visit, such as travel, lodging, and meals. B Visitor Checklist*

B-2

Temporary visitor for pleasure

In rare circumstances, foreign visitors present in the U.S. on a B-2 visa may be paid honoraria and reimbursement for travel expenses.
B1/B2 - WB/WT Qualification Statement*

F-1

Academic student

On-campus work as an employee is permitted. Must obtain a Social Security number. They cannot work as independent contractors.

F-2

Spouse or child of F-1

Cannot work in the United States.

H-1B 

Temporary professional workers

Employment is restricted to the sponsor of the H1-B petition.

H-4 

Spouse or child of
H-1, H-2, H-3

Not permitted to be employed or to receive compensation
from any U.S. source.

I

Foreign media representatives and their dependents

Can only receive compensation from a foreign employer.

J-1 Student

Student in U.S. under Exchange Visitor Program

May work on or off campus if the program sponsor grants permission.
J Visitor Checklist*

J-1 Researcher

Researcher or professor in U.S. under Exchange Visitor Program

Employment is restricted to the university or organization that
issued the DS-2019. Program sponsor may grant limited
permission for other work.
J Visitor Checklist*

J-2

Spouse or child of J-1

Dependents may accept employment with authorization from
the U.S. Citizenship & Immigration Services (USCIS).
Dependents must state that money is needed for their
expenses; work authorization card is issued by USCIS.

O-1

Extraordinary ability in Sciences, Arts, Education, Business or Athletics

Appropriate for temporary positions. The University of Texas at Austin must petition the USCIS before hiring the employee. The
O-1 visa holder may only work for The University of Texas at Austin, but may accept expense reimbursement from other sources.

O-2

Accompanying alien to assist O-1 in specific event

The University of Texas at Austin must petition the USCIS before hiring the employee. The O-2 visa holder must only work with the O-1 visa holder he or she is intended to assist.

O-3

Spouse or child of
O-1 or O-2

Cannot work in the U.S., but may be reimbursed for expenses.

P-1

Athletes, or members of an entertainment group that are internationally recognized

The University of Texas at Austin must petition the USCIS before hiring the employee. The P-1 visa holder may only work for The University of Texas at Austin. Group members may not perform services other than those performed with the group. See 12.5.5. Services Performed by Performers

P-2

Artists and entertainers in reciprocal Exchange Visitor Programs

The University of Texas at Austin must petition the USCIS before hiring the employee. The P-2 visa holder may only work for The University of Texas at Austin. See 12.5.5. Services Performed by Performers

P-3

Artists and entertainers in culturally unique programs

The University of Texas at Austin must petition the USCIS before hiring the employee. The P-3 visa holder may only work for The University of Texas at Austin. See 12.5.5. Services Performed by Performers

P-4

Spouse or child of
P-1, 2, or 3

Cannot work in the United States, and cannot receive compensation from any U.S. source.

R-1

Religious workers

May be employed and compensated only by the religious organization that obtained the status for the R-1 visa holder.

R-2

Spouse or child of R-1

Cannot work in the United States, and cannot receive compensation from any U.S. source.

TN Status NAFTA

Trade visas for Canadians and Mexicans

Allows Canadian and Mexican citizens to be employed in the U.S. in certain occupations listed in the NAFTA treaty for a maximum of one year. Not appropriate for tenured or tenure-track positions. May only work for the employer who offered the job (for Canadian citizens) or petitioned the INS (for Mexican citizens), but may accept reimbursement expenses from other sources. Cannot work as an independent contractor.

WB (business)

Waiver for business

Visa waiver similar to B-1 visa. May be paid honorarium, stipend, or other form of compensation for services conducted for the benefit of The University of Texas at Austin from a U.S. source for activity lasting up to nine days, for a maximum of five honoraria during the last six months. Reimbursement is allowed for expenses incurred by the visit, such as travel, lodging, and meals. B Visitor Checklist*

WT (tourist)

Waiver for tourism

Visa waiver similar to B-2 visa. In rare circumstances, foreign visitors present in the U.S. on a B-2 visa may be paid honoraria and reimbursement for travel expenses.
B1/B2 - WB/WT Qualification Statement*

No visa

Undocumented aliens

Cannot be paid for services.

 

For more detailed information, see the U.S. Department of State Visas section.

 

 

Part 12. Independent Contractors - Table of Contents