On May 30, 2002, the INS published proposed regulations which would implement a provision of the American Competitiveness & Workforce Improvement Act of 1998 (ACWIA) providing that tourists may receive a gratuitous honorarium under the following conditions: 

• The payment is for incidental expenses associated with a pre-arranged academic activity with an institution of higher learning or a non-profit or governmental research organization
• "Usual academic activity" means those activities which benefit the institution in the U.S. and include, but are not limited to, teaching, lecturing, consulting, conducting research, attending meetings, symposia or seminars or otherwise sharing knowledge, expertise or skills
• If the activity is a "performance", such as a lecture, it must be open to the general public at no charge
• The activity cannot exceed 9 days at any single institution or more than 45 total days in any 6 month period of time 

Under this proposed regulation, any tourist with a B-1 (business) or B-2 (pleasure) visa or a person who is a visa exempt tourist under the Visa Waiver Program (WT or WB) would be eligible to receive an honorarium.    Institutions sponsoring persons for this honorarium would not be considered employers and, thus, would not be required to complete an I-9 employment verification form.  The income would not be considered a salary to the tourist.  The proposed regulations do not indicate a maximum or minimum dollar amount.   

Since these are proposed regulations, they are NOT in effect and should not be relied upon. As we have more information on these proposed regulations, we will post to our website.

© 1999-2012, Jackson & Hertogs - All rights reserved