Northern Illinois University
Requirements to Pay a Foreign Visitor,
Other Than Employment
This document is intended to assist departments at NIU with non-employment payments to foreign
nationals (nonresident aliens). Payments to foreign individuals for either services or goods require a social
security number or taxpayer identification number. Additionally, for the foreign visitor to claim exemption
based upon a tax treaty, the individual must possess a social security number or taxpayer identification
number. Payments will not be made to individuals without a social security number or taxpayer
identification number.
In order to secure the Tax Treaty benefits, the following information is required:

Completed IRS Form W-8 “Certificate of Foreign Status”
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U.S. Social Security Number or IRS ITIN (Individual Taxpayer Identification Number)

If traveling on a B-1 or B-2 visa, a signed compliance statement (see sample)

A completed Foreign National Information Form, with attachments (this is a NIU form)
To complete the Foreign National Information Form, the following items are required:
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Copy of Passport
Copy of I-94
Copy of IAP-66 or I-20
ITIN, Social Security Card, or EAD
For employed individuals:
 Copy of contract terms, if applicable
 Stipend agreement, if applicable
 An estimate of wages to be paid by the University
A completed IRS Form 8233 “Exemption From Withholding on Compensation for
Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual”
The University can assist the individual with the completion and filing of the Form 8233.
The Foreign National Information Form, with the required attachments, will allow the University to
automatically generate a Form 8233, citing the correct tax treaty language. This will allow the visitor to
minimize the tax consequences. The Form 8233 is required to be signed by the visitor. A resident alien
must use Form W-9 to claim tax treaty benefits.
Failure to complete the forms will delay the payment. Payment can not be made until all applicable federal
requirements have been fulfilled. If insufficient information is available, the U.S. default tax rates will be
applied.
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The Process
The first step is to plan in advance. The federal requirements involved in the payment to a nonresident
alien take a considerable amount of time to comply with. An estimate of the time required in advance of
having the service performed by the nonresident alien could range from two work weeks to six work
weeks, depending on the individual. Plan in advance.
The second step is to contact the individual and determine the following:
Do they have a social security number or taxpayer identification number? If they do not, have them apply
for one immediately. Payment can not be made with out a social security number or taxpayer identification
number. This is the single longest process involved in paying a nonresident alien.
What type of visa do they have? Allowable payments are determined by the visa of an individual (refer to
chart of allowable payments by visa type). Please ensure that the visa type of the visitor allows for the type
of payment that is being planned. This is a critical step. Failure to travel on the correct visa type will
impact the University’s ability to pay / reimburse the foreign national.
Do they want to claim a treaty benefit? If no, the required federal rate of 14% for Scholarships /
Fellowships for F, J, M, and Q visa holders, and 30% for all other income and visa types will be withheld.
If they want to take advantage of the treaty benefits, they will have to fill out the NIU Foreign
National Information Form and provide the required attachments. A tax analysis will be prepared by the
University to determine which treaty benefits apply. The required IRS forms will be generated and filed
with the IRS. Payment can not be made until ten days after filing the forms with the IRS. The IRS can
reject the forms within the ten day period, and if the forms are rejected, tax treaty benefits will not apply.
Please reference the Nonresident Alien Tax Withholding Schedule for the tax rates.
The third step is to have the NIU Foreign National Information Form filled out as soon as possible. Fax or
e-mail the form (it is available as an Excel file) when possible to eliminate any potential processing delays.
Have the completed form returned as soon as possible. The University can begin the analysis stage as soon
as the information is available. If, during the analysis stage, any IRS forms are produced, they will require
the signature of the visitor. The form can not be filed unless it is signed. Again, a fax will expedite the
process. It is important that the required attachments be provided; verification of the information on the
Foreign National Information Form can not be completed without the attachments.
The fourth step is to make sure everything is in place for the visit. Paperwork must be signed and
processed very quickly to ensure that payment is not delayed. Make sure that the tax forms being used are
the current forms (most tax forms have a revision date in the upper left-hand corner of the form, by the
form’s name). Forms that have been recently revised by the IRS include the W-8, W-9, and the 8233.
Finally, process the payment paperwork, using existing NIU forms (check request, honoraria, travel
reimbursement). Attach a copy of the completed Foreign National Information Form (including
attachments) in addition to the normal attachments required for payment processing.
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Visa Classifications
and Employment Parameters
Visa Type
Purpose of Visa
Employment
Restrictions
Length of Stay
Grace Period
Sponsor/Employer
Requirements
Beneficiary's
Responsibilities
INS Document
Visa Type
Purpose of Visa
Employment
Restrictions
Length of Stay
Grace Period
Sponsor/Employer
Requirements
Beneficiary's
Responsibilities
INS Document
Visa Type
Purpose of Visa
Employment
Restrictions
B-1
Visitor for Business
May only be paid "reasonable" reimbursement for incidental expenses, including accommodations,
meals and travel expenses and honorarium. The payee must sign a "compliance statement" which
attests to the fact that the visitor performed the compensated activities for 9 days or less while at the
University and they have not been compensated by more than 4 other entities during the previous 6
months.
Up to 1 year
None
Letter of invitation for business purposes.
Conduct business activity
I-94 Card
B-2
Visitor for Pleasure (Tourist)
May only be paid "reasonable" reimbursement for incidental expenses, including accommodations,
meals and travel expenses and honorarium. The payee must sign a "compliance statement" which
attests to the fact that the visitor performed the compensated activities for 9 days or less while at the
University and they have not been compensated by more than 4 other entities during the previous 6
months.
Up to 6 Months
None
N/A
Have Fun, Sight see, Take Pictures, Visit Relatives, Etc.
I-94 Card
WB
Visitor for Business
May only be paid "reasonable" reimbursement for incidental expenses, including accommodations,
meals and travel expenses and honorarium. The payee must sign a "compliance statement" which
attests to the fact that the visitor performed the compensated activities for 9 days or less while at the
University and they have not been compensated by more than 4 other entities during the previous 6
months.
90 Days
None
Length of Stay
Grace Period
Sponsor/Employer
Letter of invitation for business purposes.
Requirements
Beneficiary's
Conduct business activity
Responsibilities
INS Document
Green I-94 Card
3
Visa Type
Purpose of Visa
Employment
Restrictions
Length of Stay
Grace Period
Sponsor/Employer
Requirements
Beneficiary's
Responsibilities
INS Document
Visa Type
Purpose of Visa
Employment
Restrictions
WT
Visitor for Pleasure (Tourist)
May only be paid "reasonable" reimbursement for incidental expenses, including accommodations,
meals and travel expenses and honorarium. The payee must sign a "compliance statement" which
attests to the fact that the visitor performed the compensated activities for 9 days or less while at the
University and they have not been compensated by more than 4 other entities during the previous 6
months.
90 Days
None
N/A
Have Fun, Sight see, Take Pictures, Visit Relatives, Etc.
Green I-94 Card
F-1
Student
1) May work on-campus 20 hours/week during semester and 40 hours/week during vacations.
2) May work off campus due to economic hardship only with Immigration and Naturalization
Service (INS) approval (rare exceptions).
3) Eligible for 12 mos. Optional Practical Training (OPT) in field of study. May participate in
Curricular Practical Training (CPT) if required by degree. Must have INS approval.
Dependents (F-2 Visa holders) may not be employed.
Duration of Studies
60 Days
Length of Stay
Grace Period
Sponsor/Employer
Maintain current information on each student.
Requirements
Must maintain legal nonimmigrant status:
 Be a full-time student
Beneficiary's
Responsibilities
 Have a valid passport
 Must not work illegally
1) I-20 & I-94 Card
2) EA Card
INS Document
3) CPT: I-20 & I-94 Card
OPT: EA Card
Visa Type
J-1 Student
Purpose of Visa
Exchange Visitor: Student
 May be employed on campus of school in which they are enrolled up to 20 hours/week
Employment
(Full-time during vacations).
Restrictions
 Eligible for 18 months of Academic Training (AT) following the completion of their
program (36 months for Postdoctoral positions).
Length of Stay
Duration of Studies
Grace Period
30 Days
Maintain current information on each student.
Sponsor/Employer Academic Training:
Requirements
 Advisor's recommended form.
 Offer letter with goals and objectives of program, salary & title.
 Medical health insurance is mandatory for individual and family members.
Beneficiary's
 English proficiency is necessary.
Responsibilities
 Maintain status (see F-1 above)
4
 IAP-66
 I-94 Card
Visa Type
J-1 Exchange Visitor
Exchange Visitor:
Purpose of Visa
1) Professor & Research Scholar
2) Short-Term Visitor
 Eligible to receive payment from organization listed on Form IAP-66 and/or the Designated
Program Sponsor for the period of validity as stated on the IAP-66 form.
Employment
 Under limited circumstances, may receive compensation from other. IAP-66 form
Restrictions
authorizes employment.
 May not accept tenure track positions.
1) 3 Years
Length of Stay
2) 6 Months Maximum
Grace Period
30 Days
Sponsor/Employer
 Proof of financial support.
Requirements
 Offer letter with goals and objectives of program.
 Medical health insurance is mandatory for individual and family members.
Beneficiary's
 English proficiency is necessary.
Responsibilities
 Bachelor's degree or higher required.
 IAP-66
INS Document
 I-94 Card
Visa Type
J-2
Purpose of Visa
Dependent of J-1
Employment
May work for any employer with INS approval.
Restrictions
Length of Stay
Same as J-1
Grace Period
Same as J-1
Sponsor/Employer
N/A
Requirements
Beneficiary's
Obtain Employment Authorization (EA) Card from INS.
Responsibilities
INS Document
EA Card
Visa Type
H-1B
Purpose of Visa
Temporary Worker in Specialty Occupation
 Employment permitted only with sponsoring institution and with INS approval.
Employment
 May accept tenure track positions.
Restrictions
 Dependents (H-4) may not be employed.
Length of Stay
6 Years Maximum
Grace Period
10 Days
 Must pay actual or prevailing wage.
Sponsor/Employer
 If dismissed alien early, is liable for the return transport home.
Requirements
 Position requires Bachelor's Degree or higher
Beneficiary's
 Must have specific qualifications for the job Bachelor's degree or higher in field job is
Responsibilities
offered.
 I-797
INS Document
 I-94 Card
Visa Type
O-1
Purpose of Visa
Persons of Extraordinary Ability
Employment
 Employment permitted only with sponsoring institution and with INS approval.
INS Document
5
 Dependents (O-3) may not be employed.
3 Years
Length of Stay
1 Year Extension
Grace Period
10 Days
Sponsor/Employer
 If dismisses alien early, is liable for the return transport home.
Requirements
 Must have written contract.
Beneficiary's
 Must show extraordinary ability in field.
Responsibilities
 Must have written consultation from a peer group in area of expertise.
 I-797
INS Document
 I-94 Card
Visa Type
TN
Purpose of Visa
Trade NAFTA (for citizens of Canada and Mexico)
 May be employed and compensated only by sponsoring employer through whom the status
was obtained.
Employment
Restrictions
 Must meet established professional qualifications.
 Dependents (TD) may not be employed.
Length of Stay
1 Year at a time
Grace Period
None
Sponsor/Employer
 Job offer letter.
Requirements
Canadian presents the following to the INS officer:
 Offer letter
 Proof on Canadian citizenship
 Diploma
 $50 fee
Beneficiary's
For Mexicans:
Responsibilities
 The prospective employer files a labor condition application.
 Prospective employer must file an I-29 with INS.
 After the I-29 has been approved, the alien must apply for a no-immigrant visa at a U.S.
Embassy or Consulate in Mexico.
Restrictions
INS Document
Canadians:
 I-94 Card
Mexicans:
 I-797
 I-94 Card
6
Nonresident Alien Tax Withholding Schedule
Type of Income
Royalty
Scholarship or
Fellowship (tuition,
Waiver, required fees,
books)
Scholarship or
Fellowship (in excess of
tuition, waiver, required
fees, books)
Independent Personal
Services
Employee Compensation
Compensation as teacher
/ researcher
Compensation as student
/ trainee
Miscellaneous
General Payee
Immigration Status
Any
Generally, B-1, B-2,
F-1, F-2, J-1, J-2,
M-1, Q-1, R-1, TN
Service or Nonservice
Non-service
Non-service
Withholding
Form Required if
Rate if Treaty not
Treaty Applicable
Applicable
30%
W-8BEN
N/A
N/A
Generally, B-1, B-2,
F-1, F-2, J-1, J-2,
M-1, Q-1, R-1, TN
Non-service
B-1, B-2, WB, WT,
J-1 (non-student),
TN
TN
Service
30%
8233
Service
8233
J-1 (non-student),
H-1B
F-1, J-1 (student)
Service
Single, 1 allowance(s),
plus $7.60wk*
Single, 1, $7.60/wk*
Service
Single, 1, $7.60/wk*
8233
30%
N/A
Any
Non-service
14% (if F, J, M, or Q
visa)
30% (all other visas)
W-8BEN, 8233
8233
*Individuals from Canada, Mexico, Japan, Koreas, American Samoa, the Northern Mariana Islands, and students
from India may be eligible to claim additional withholding allowances. Rates are $7.60 per week; $15.30
biweekly; $16.60 semimonthly, and $33.10 monthly.
7
US VISA
General Information
There are two broad categories of visas for those coming to the United States -- "not an immigrant" and
"immigrant". Any visa with a letter in front of it (F-1, J-1, B-2,...) is a non-immigrant visa. Anyone on a
non-immigrant visa is restricted as to what he or she can and must do in the US, has a date by which he or
she must leave the US or apply for further visa privileges, and for most categories must have a home
outside the United States to which he or she intends to return.
Anyone on the immigrant visa (known also as the green card, permanent residence, P.R., I-551, alien
resident), has permission to remain indefinitely in the United States and, generally speaking, has the same
rights and privileges as a citizen, with the exception of voting and holding certain government jobs. While
permanent residents or immigrants can become citizens, there is no requirement that they do so and many
prefer to keep their original citizenship and carry their home country passport. It is possible to apply for US
citizenship.
Visa Types
The following table lists non-immigrant visa types and provides informal descriptions. For more precise
definitions and additional information, consult U.S. Department of State Visa Services.
Visa Type
Applies to
A-1, A-2, A-3 Ambassadors, diplomats, and certain other foreign officials and their families
B-1
Temporary visitor for business
B-2
Temporary visitor for pleasure
C-1, C-2, C-3 Certain aliens in transit
D-1
Crewman (seaman or airman)
E-1
Treaty trader, spouse, and children
E-2
Treaty investor, spouse, and children
F-1
Student in academic or language program
F-2
Spouse or child of student in academic or language program
G-1, G-2, G-3
Certain government or international organization officials and their families
G-4, G-5
H-1A
Temporary worker performing professional nursing services
H-1B
Temporary worker in a specialty occupation
H-2A
Temporary agricultural worker
H-2B
Temporary worker performing non agricultural services unavailable in the U.S.
H-3
Trainee (not a student)
H-4
Spouse or child of alien classified H-1, H-2, or H-3
I-1
Representative of foreign information media; spouse or child of this representative
J-1
Exchange visitor (can include students and scholars)
J-2
Spouse or child of exchange visitor
K-1
Fiancée or fiancé of U.S. citizen
K-2
Child of fiancée or fiancé of U.S. citizen
Intracompany transferee
L-1
(such as managers who have worked abroad for a branch of a U.S. firm)
L-2
Spouse or child of intracompany transferee
M-1
Student in vocational or other recognized nonacademic institution
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M-2
N-8, N-9
NATO 1-7
O-1
O-2
O-3
P-1
P-2
P-3
P-4
Q-1
Q-2
R-1
R-2
S-1
TN
TD
WB
WT
Spouse or child of student in vocational or other recognized nonacademic institution
Parents and children of an alien granted permanent residency as a special case
Certain NATO personnel
Workers of "extraordinary" ability in the sciences, arts, education, business, or athletics
Workers who accompany and assist O-1 aliens
Family members of O-1 aliens
Member of an entertainment group or an athlete
"Reciprocal exchange" artists and entertainers
"Culturally unique" artists and entertainers
Family members of P-1, P-2, P-3 visa holders
Cultural Exchange Visitors
Irish Peace Process, Cultural and Training Program visitors
Religious workers
Dependents of religious workers
Federal witnesses
Professionals from Canada or Mexico who enter the U.S. under the NAFTA agreements
Dependents of TN professionals
Like a B-1 visitor for business, but from a country under visa waiver program
Like a B-2 visitor for pleasure, but from a country under visa waiver program
Definitions - Immigration and Visa Terminology
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"A" number.
Also known as Alien Registration Number. An INS 8-digit identification number. Most nonimmigrants will not have an "A" number. All immigrants and persons with EADs will have one.
Academic Training
Work related to a J-1 student's field of study. Generally, J-1 students do academic training when
they complete their course work for a degree. NIU students remain in J-1 visa status, documented
on the NIU IAP-66. However, they may work anywhere in the U.S. Work that F-1 students may
be authorized to do after they complete their degrees is called Practical Training.
Canadian
A foreign national, just like any other country, but with several possible documentation
differences. Does not need a visa stamp, or a passport if entering from the Western Hemisphere,
but must have the usual other documentation. Will not receive an I-94 if entering in B-1 or B-2
status. The TN visa is available to Canadians.
Dependent
Spouse of primary visa holder (must be married to primary visa holder), or unmarried child under
21.
D/S - Duration of Status
F-1 and J-1 students do not have specific limitations on their period of stay in the U.S. Their I-94s
are marked D/S, allowing them to remain here up to the completion of studies date on their Form
I-20.
EAD: Employment Authorization Document
(Form I-688B or I-766) A laminated card issued to some non-immigrants by INS with photo and
specifics on how long work is authorized. H-1s, J-1s, and TNs will not have an EAD. F-1 practical
trainees, TPS, applicants for asylum, refugees, asylees, and J-2 workers will.
I-9
INS Employment Eligibility Verification Form, to be completed for any person hired, including
U.S. citizens.
I-20
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Visa document issued to an F-1 student, showing beginning and expected completion of studies.
The date for completion of studies as listed on the I-20 is the expiration date for an I-94 that notes
D/S.
I-94
Little white card, usually stapled in passport, sometimes stapled to pink copy of IAP-66 by INS.
Visitors to the U.S. receive a white card on their flight into the U.S. They complete this card and
present it to an INS officer at immigration inspection. The INS officer marks visa status and date
of expiration of legal stay in the U.S. (or D/S) on it and then attaches part of it usually to the
visitor's passport. The INS markings are often illegible. The part attached to the passport is
officially called the "Departure Record." It is removed by an official of the airlines when a visitor
departs. If you lose the card, INS will replace it for $85. If the I-94 is light green, the visitor has
entered under the Visa Waiver Program.
IAP-66
Visa document issued to a J-1 Exchange Visitor. Exchange students, short-term scholars, and
longer-term scholars may receive this document. All who do will enter with J-1 visa status.
I-688B
Employment Authorization Document (EAD)
INS
Immigration and Naturalization Service. INS is responsible for admission, control, and status of
foreign visitors in the United States. Embassies and consulates abroad and not part of INS; they
are under the direction of the U.S. State Department, so the State Department Foreign Service is
responsible for issuing the visa stamp at the embassy or consulate.
Lottery
Each year, the U.S. makes 55,000 permanent resident visas (green cards) available by random
selection through the diversity visa lottery. Deadlines for applying are usually in the fall.
Decisions usually come the following spring or summer, and green cards are available the
following fall.
Non-Immigrant
Person in the U.S. who is not an U.S. citizen, who is authorized to stay for a limited time, and who
is expected to leave the U.S. Non-immigrants must meet certain reporting requirements, and there
are restrictions on work and study.
Practical Training
Work related to an F-1 student's field of study. Generally, F-1 students do practical training when
they complete their course work for a degree. NIU students on practical training remain in F-1 visa
status, documented on the NIU I-20. However, they may work anywhere in the U.S. Work that J-1
students may be authorized to do after they complete their degrees is called Academic Training.
TPS - Temporary Protected Status
For nationals of countries specifically designated by the Attorney General in which there is
fighting or a natural disaster. This status permits foreign visitors to stay for a longer time in the
U.S. and allows them to request work authorization.
U.S.Citizen
Person born or naturalized in the U.S., entitled to carry U.S. passport. A permanent resident, or
green-card holder, is not an U.S. citizen, but an immigrant who still carries passport from home
country. Immigrants may apply for citizenship after they have had a green card for 3 or 5 years.
Permanent residents are not required to become U.S. citizens, and many choose to retain their
foreign citizenship.
USIA - United States Information Agency
Runs the J-1 Exchange Visitor program.
Visa
The term visa is used in different ways. It is sometimes used to describe the immigration status
that a foreign visitor has while in the U.S., such as F-1 or J-1. We generally refer to this as your
visa status. Sometimes, visa is used to describe the large sticker that the U.S. consulate puts into
your passport. We refer to this sticker as your visa stamp. Your visa stamp will usually indicate
the visa status that you will have when you begin your stay in the United States. The visa stamp
will also have an expiration date. Depending on the rules of your visa status, you may stay in the
10
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U.S. beyond the expiration date on the visa stamp. However, if you leave the U.S. and wish to
return after the visa stamp has expired, then you must obtain a new visa stamp.
Common Visa Types at NIU
Below are some visa types that foreign visitors to the University often have:
B-1. Temporary visitor for business.
B-2. Tourist, or temporary visitor for pleasure.
B-1/B-2. Standard visa notation in passport. When a foreign visitor enters the U.S., INS may
mark the I-94 as B-1, B-2, or B-1/B-2 at their discretion. This notation on the I-94 controls a
visitor's status in the U.S. regardless of what the visa stamp in the passport says.
F-1. Student.
F-2. Dependent of an F-1 student.
H-1B. Temporary worker in a specialty occupation (professional).
H-4. Dependent of H-1.
J-1. Exchange Visitor (May be in "Student" category, or may be in "Professor, Researcher, or
Scholar" category.)
J-2. Dependent of J-1
Immigrant = Green Card Holder = Permanent Resident = Resident Alien.
Has all the rights and obligations of a citizen, except that of voting or carrying a U.S.passport.
Recent legislation limits eligibility for some public benefits. May, after certain residence
requirements, apply for citizenship although this is not required.
Refugee or Asylee
Treated for payment and student loan purposes like an immigrant or permanent resident.
TN. Canadian or Mexican who entered under NAFTA as a professional. Similar to H-1B.
WB. Waived Business visitor under Visa Waiver Pilot Program. Equivalent to B-1.
WT. Waived Tourist visitor under Visa Waiver Pilot Program. Equivalent to B-2.
Visa Waiver Pilot Program (VWPP). Persons coming to the U.S. as visitors for business or
pleasure from certain designated countries can enter the U.S. without having to get a visa
stamp in the passport. They are limited to 90 days' stay, and may not extend stay or change
status. The I-94 should be marked WT (WaivedTourist) or WB (Waived Business).
Visa Waiver Program
The Visa Waiver Pilot Program (VWPP) allows nationals of 29 countries to visit the U.S. for pleasure or
business up to 90 days without a visa stamp. These individuals do not need to apply or pay for a visa stamp,
and they do no need to visit an U.S. consulate before they visit the U.S.
The 29 countries are:
Andorra
Germany
New Zealand
United Kingdom
Argentina
Iceland
Norway
Uruguay
Australia
Ireland
Portugal
Austria
Italy
San Marino
Belgium
Japan
Singapore
Brunei
Liechtenstein
Slovenia
Denmark
Luxembourg
Spain
Finland
Monaco
Sweden
France
The Netherlands
Switzerland
Travelers from participating countries must:
 Have a valid passport issued by the participating country and be a citizen (not just a resident) of
that country.
 Be seeking entry for 90 days or less. Extensions of time are not permitted.
 If entering by air or sea, have a round-trip ticket issued on a carrier that has signed an agreement
with the U.S. government to participate in the waiver program, and arrive in the U.S. aboard such
a carrier.
 Have proof of financial solvency.
11
Travelers may enter by land from Canada or Mexico. Such travelers do not need to present a round-trip
ticket or arrive on an approved carrier. All other requirements above still apply. Visitors who enter under
this program are admitted either as WT (Waived Tourist) or WB (Waived Business). Regulations for the
WT holder are essentially the same as for a B-2 visa holder. Regulations for the WB holder are essentially
the same as for a B-1 visa holder. Visitors may not be employed.
Payments
WT visa holder. The University may pay an honorarium and reasonable travel expenses to a WT visa
holder for academic activities on an NIU campus. The paid activity may not exceed nine days. The visitor
may not have been paid by more than five other universities or other qualified government and non-profit
institutions in the previous six months. All other standard NIU rules for payments and travel
reimbursements apply.
WB visa holder. The University may pay reasonable travel expenses to any WB visa holder. In addition,
the University may pay an honorarium to a WB visa holder for academic activities on an NIU campus. The
paid activity may not exceed nine days. The visitor may not have been paid by more than five other
universities or other qualified government and non-profit institutions in the previous six months. All other
standard NIU rules for payments and travel reimbursements apply.
Changes of Status
WT and WB visa holders may not change to a different visa status in the United States. They may not apply
for an extension of their stay beyond 90 days.
Special Circumstances
Some travelers still need to apply for a visa, such as those who plan to work or study, who stay more than
90 days, or who might otherwise be ineligible for a visa. Travelers previously denied visas, or who have
criminal records, or who believe they may be ineligible for a visa should contact the nearest U.S. embassy
or consulate before attempting to travel on the Visa Waiver Pilot Program.
TN Status
The TN (Trade NAFTA) classification is available to a Canadian or Mexican citizenship who seeks to enter
the US on a temporary basis to work in a professional-level job under provisions of the North American
Free Trade Agreement. The individual must be employed in one of the professions listed in the federal
regulation at 8 CFR 214.6 and have at least a baccalaureate degree unless an alternative credential is
specified. The list (attached) includes university professors and researchers in addition to many other
professions.
A Canadian citizen may request admission to the US as a TN professional at a US class A port of entry, a
US airport handling international traffic, or at a US pre-clearance/pre-flight station. No petition, labor
certification, visa or prior approval is required. The applicant should present documentation that he or she
is a Canadian citizen, copies of degrees or diplomas (or license, if required) to establish that he or she meets
the criteria to perform the occupation at a professional level, payment of a $50 fee, and a letter from the
prospective employer in the US which states the profession in which the applicant will be working, a
summary of the job responsibilities, salary, and anticipated length of stay.
Mexican citizens applying for TN status face certain additional requirements that Canadian citizens do not.
For example, a Mexican citizen must first obtain a TN visa at a US consulate before he or she can enter the
US in TN status. Prior to issuance of the TN visa, the Mexican citizen will need to be the beneficiary of an
approved Labor Condition Application and Petition for a Nonimmigrant Worker (similar to H-1B
applicants). Thus, the Mexican citizen seeking status as a TN professional is required to have had all
documentation submitted to and approved by INS prior to his or her arrival at the port of entry.
Upon admission into the US in TN status, the applicant will be issued Immigration form I-94
Arrival/Departure Record. The date and place of admission, the period of admission (up to one year), and
the specific occupation and name of employer will be noted on the I-94. If the TN professional visits
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Canada or Mexico before the authorized period of stay expires, he or she may be readmitted to the US in
TN status for the unexpired period of stay noted on the I-94, provided the original intended activity and
employer have not changed. If the TN professional wishes to continue employment beyond one year, the
employer may petition INS on form I-129 Petition for a Nonimmigrant Worker for an extension of stay.
Extensions are granted in one-year increments. As an option to filing a request for extension of stay, the TN
may prefer to return to his or her home country and then re-enter the US in TN status, repeating the
procedures for initial entry, outlined above. There is no limitations on the number of years a Canadian or
Mexican citizen may remain in US in TN classification.
If the Canadian or Mexican citizen is currently in the US and wishes to change to TN status from some
other nonimmigrant category (for example, from F-1 "student"), or if he or she currently holds TN status
but wishes to change employers, the prospective must file form I-129 Petition for a Nonimmigrant Worker
with INS to request that the beneficiary be classified in TN status. Alternatively, he or she may depart the
US and re-enter as a TN professional by following the procedures for initial entry, outlined above.
The spouse and children on the TN professional are admitted in TD (Trade Dependent) status. TD
dependents may not accept employment, but may attend school full-time or part-time.
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Sample Letter To Invite International Visitors To NIU
[On NIU letterhead]
[Scholar name and address]
Dear [scholar name],
This letter is written to confirm your visit to Northern Illinois University from [date] to [date] in order
to [describe activity].
In order for the university to reimburse your expenses [describe what will be reimbursed], it is critical
that you enter the United States in the appropriate visa status. If nationals from your country need a
visa to enter the U.S., you will need to visit the American Consulate in your country and apply for a
B-1 visa (visitor for business). If you are a national from a country that does not need a visa, you may
apply for WB status (waiver of visa for business) at the port of entry as long as you do not intend to
remain here for more than 90 days. In either case, you need to present this letter to the immigration
officer at the port entry and you need to make sure that the notation on your form I-94
(arrival/departure document issued at the port of entry) says B-1 or WB. (For other acceptable visa
types, please refer to the Visa Classifications and Employment Parameters chart)
Sincerely,
[signature]
Sample Compliance Statement
For B-1 or B-2 Visas (and WT & WB)
[On NIU letterhead]
[Scholar name and address]
I have accepted an invitation by the University for the purpose of engaging in an academic activity. I
will receive an honorarium payment and/or reimbursement for incidental expenses for my academic
activity.
The activity did not exceed nine days and I have not accepted honoraria and/or incidental expense
reimbursements within the prior six-month period from more than four institutions.
(In order to receive an honorarium payment you must have or have applied
for a social security number or an individual taxpayer identification number)
SS# or ITIN
__________________
[signature]
_________
[date]
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