Work Visas on Contracts
Some of the best-laid contract plans have fallen apart due to failure to plan for appropriate visas. Below are some common issues and scenarios to help navigate work visas associated with contracts, consultants and independent contractors.
- Visa Type Overview
There are many visa options for entering the U.S., depending on the nature of each visit.
Some of the more commonly occuring reasons for visits occurring at the university are:
- Tourism & Travel
- Visiting Researcher or Scholar (J-1 Visa)
- Dependents accompanying an official university visitor (J-2 Visa)
- Attending a U.S.-based university (Student F-1 Visa & J-1 Student Visa)
- Non-US person working as a consultant or contractor on U.S. soil
- Non-US person working as a consultant in their home country, or elsewhere
- Attending a meeting or conference
- Working as an employee at a U.S.-based entity (H-1B Speciality Occupation Visa)
Check out this clear, concise list of all the visas associated with university business:
HBP Part 12.5.10 Visa Table - Consultant & Contractor Visa Overview
Non-U.S. people doing paid work on U.S. soil, or elsewhere with funds originating from the U.S., are highly regulated activities. Documenting the status of such individuals is exactly the point of a visa system.
When a faculty member declares their intention of paying a non-U.S. individual for work associated with a research effort, particular project or contract, that's when it's time to start asking questions including:
- Where the work will take place
- When will the work happen
- How long will the work be undertaken
- What funding source will cover the costs
- And other relevant details about the propspective partnership
Based on the details of the planned partnership, it's important to make sure the correct visa is obtained, if applicable. There are tax implications depending on the status of the consultant or individual contractor.
- IMPORTANT NOTICE re: B1 & WB Visas
If you plan to pay a consultant or independent contractor who enters the U.S. on a B1 visa, there are strict limitations and guidelines for this type of visa that need to be known in advance.
- Short-term business visitors, who will not be engaging in collaborative research, may enter the United States on a B-1 business visa or a WB visa waiver. If the visitor will receive any payment for services, including an honorarium, the Internal Revenue Service (IRS) restricts the length of the stay at the university to a maximum of nine days. The individual must have an SSN/ITIN to receive payment. Refer to Financial and Administrative Services for further information.
- It's imperative to follow the steps outlined in HBP 12.5.1 regarding paying B1 & WB visitors
- HBP 12.5.1 requires that a Qualification Statement be filled out, signed and returned by the visitor before payment can be issued.
- Also in HBP 12.5.1 is the recommendation that an invitation letter be extended to the B1/WB visitor.
- Another helpful resource is the Departmental Processing Checklist (online web version is here) for fee payments or honorarium payments for B1/WB visitors.
Visiting researchers typically enter the U.S. on a J-1 Short Term Scholar visa. For more information, Texas Global Office maintains a webpage for helping to determine the right immigration status for your visitor.
- Short-term business visitors, who will not be engaging in collaborative research, may enter the United States on a B-1 business visa or a WB visa waiver. If the visitor will receive any payment for services, including an honorarium, the Internal Revenue Service (IRS) restricts the length of the stay at the university to a maximum of nine days. The individual must have an SSN/ITIN to receive payment. Refer to Financial and Administrative Services for further information.
- Accordion 4Panel 4. Add body text in this space.
- Accordion 5Panel 5. Add body text in this space.