The Immigration and Naturalization Service (INS) requires that we have copies of the following unexpired documents on file and available for an inspection by an auditor when payment to a foreign national/nonresident alien is required for services/activities performed or reimbursement of expenses needs to be made:
- Visa: copy of the information page/picture page of the document (optional for visa waiver countries and Canada)
- I‐94 Card: copy of the front and back of the card governing this admission, or, in the case or a foreign national from a visa waiver country, a copy of the passport page with the I‐94 stamp (if a separate card was not issued)
- Passport: copy of the information page/picture page
- Form I‐20: required if on F‐1 Visa
- Form IAP66/DS2019: required if on J‐1 Visa
- “Notice of Approval” of H‐1B Petition: required if on H‐B1
- The classification written on the visa usually agrees with the I‐94 entry status. If they differ, it is the I‐94, not the visa that governs the admission of the foreign national and defines what kinds of income/reimbursement are allowed. An I‐94 stamp should have a notation by U.S. Customs as to the nonresident alien class upon entry to the United States.
- Immigration generally staples the I‐94 card to the U.S. visa upon entry to the U.S. and removes the I‐94 card upon departure. Please make sure you get a copy of the card before the foreign national departs, as the USM Foundation cannot process a payment without it.
- Prior written authorization signed by the "Responsible Officer" (identified on the IAP‐66 or DS‐2019 form) is required to authorize payment to the foreign national if he/she is sponsored by an institution/organization that is not part of the University System of Maryland.
Foreign National: a citizen of another country
Nonresident Alien: a foreign national who is allowed entry into the USA for a limited time and sometimes for a specific activity at a single organization – such as an F-1 student or a J-1 teacher.
|B-1||Business Visitor Visa|
|B-2||Tourist Visitor Visa|
|WB||Visa Waiver for Business|
|WT||Visa Waiver for Tourism|
B‐1, B‐2, WB and WT Visa holders: MUST sign a statement attesting to specific criteria for each payment. The statement is called “Nonresident Alien Required Statement Academic Honoraria Payment/Incidental Expense Reimbursement B1/B2 Visa Classification.”
F, J, and H‐1B Visa holders: can be paid by the sponsor of their Visa only. Since the USM Foundation is affiliated with the USM and thus with the USM campuses, the USM Foundation can pay a Visa holder if the Visa is sponsored by a USM institution.
Visa Types and Immigration Entry
As already noted, a variety of Visa types are issued to foreign nationals. The classification types identified below are the ones seen and processed most frequently by the USM Foundation with regard to foreign nationals, who, upon admission to the U.S., are associated with a USM institution:
B‐1 or B‐2 Entry Status – Persons with B‐1 or B‐2 entry status can generally receive reimbursement for travel under “Accountable Plan” rules. Honoraria payments may be made, under very specific circumstances. Prior to any payment being made, the USM Foundation must have on file a statement signed by the foreign national, which attests to their VISA classification status and any other circumstances that are required to validate their eligibility for payment. Please contact the USM Foundation for the required form.
F‐1 Entry Status – Persons with this entry status generally can be paid income if the USM institution requesting the payment sponsors the F visa and ifother required documentation is supplied to the USM Foundation.
J‐1 Entry Status – Persons with this entry status generally can be paid income if the USM institution requesting the payment sponsors the J visa and ifother required documentation is supplied to the USM Foundation. If sponsored by an institution that is not part of USM, income may be paid, provided that prior written authorization from the “Responsible Officer” of their designated program had been secured.