Hosting Scholars on Business & Tourist Visas (B-1, B-2)

These are visitors for business and tourism, respectively.

I.N.A. § 101(a)(15)(B) describes a person who qualifies for B status as:

an alien (other than one coming for the purpose of study or performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;

The Code of Federal Regulations gives the following definition for business:

The term "business," as used in INA 101(a)(15)(B), refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire.

Students coming to the U.S. (for a short-term stay) for activity related to their educational programs may be required by a U.S. consular officer to use a J visa, which is designed partly for educational exchange. Activity such as research, consultation, or observation which is generally appropriate for B-1 visas may require a J visa if the applicant is a student. The consular officer makes the decision. *Students coming to the U.S. for a long-term stay related to their educational programs must apply for a student visa.

To Apply for a Visa

The visitor will need to go to a U.S. embassy or consulate to apply for an entry visa stamp. The U.S. Department of State recommends that visa applicants apply at a U.S. consulate in their home country. If the entry visa is granted, the visa stamp is then placed in the applicant's passport.

Canadian citizens do not need to go to a U.S. embassy or consulate to apply for a visa. They can go to the U.S. border and request entry into the U.S. as a visitor for business.

The Canadian citizen presents at the U.S. border:

• Letter of invitation from the Univ. of Missouri-Columbia department
• Proof of Canadian citizenship (passport or birth certificate)

Criteria for Appropriate Payment to Visitors with B Visa Status

• A "B" visitor may accept only honoraria and associated incidental expenses (not salary for employment), if ALL of the following criteria are met.
• A "B" visitor may accept such payment only for usual academic activities (lectures, conferences, teaching, presentations, etc.) conducted at an educational or non-profit research institution.
• A "B" visitor may accept such payment only for activities conducted for the benefit of the paying institution.
• A "B" visitor may accept honoraria for such activities lasting only 9 days or less at a single institution.
• A "B" visitor may accept honoraria from only 6 institutions during any 180- day period.

Note: For B-1 visitors who will only receive reimbursement of associated incidental expenses and no honorarium, criteria B.4 and B.5 are not applicable.

Entering the U.S. on a B-1/B2 visa

Note: These steps do not apply to Canadian citizens (see above).

Step 1. Visitor needs to receive a letter of invitation from the MU department. The letter of invitation needs to include: statement of invitation, exact dates of visit, purpose of the trip, activities during visit, is funding provided, if no funding is provided what is the funding (i.e. personal funds, etc.) See Sample Letter.

Step 2. Visitor goes to the U.S. Embassy (outside the U.S.) to apply for the B-1/B-2 visa. The visitor needs to bring:

• MU Letter of Invitation
• Proof of funding and/or support
• Passport

Step 3. Visitor arrives at the U.S. border. The visitor needs to present to the customs official:

• MU Letter of Invitation
• Proof of funding and/or support
• Passport & B-1/B-2 entry visa

For more information about Claiming Tax Benefits, Tax Treaties, Payment for B/WB (visa) Status, etc. go to Office the Cashiers web page to learn about paying non-resident aliens.