HBP Part 12.5.10. Visa Table

Date published: Dec. 2, 2010
Last revised: Dec. 2, 2010
Issued by: Tax Services

12.5.10. VISA TABLE



Visa
TypeGuidelines & Restrictions
A-1Foreign diplomatic personnelMay only be employed by foreign government entity.
A-2Other foreign government employees or members of immediate family.Spouses and unmarried dependent children of foreign government officials may be employed if they obtain Form 1-566, authorized by a Department of State representative, subject to restrictions stated in the regulations or cited on the Employment Authorization Document (EAD).
A-3Attendant, servant, or personal employee of A-1 and A-2, and members of immediate family.May only be employed by foreign government entity.
B-1Temporary visitor for businessMay be paid honorarium, stipend, or other form of compensation for services conducted for the benefit of The University of Texas at Austin from a U.S. source for activity lasting up to nine days, for a maximum of five honoraria during the last six months. Reimbursement is allowed for expenses incurred by the visit, such as travel, lodging, and meals. B Visitor Checklist*
B-2Temporary visitor for pleasureIn rare circumstances, foreign visitors present in the U.S. on a B-2 visa may be paid honoraria and reimbursement for travel expenses.

B1/B2 - WB/WT Qualification Statement*
F-1Academic studentOn-campus work as an employee is permitted. Must obtain a Social Security number. They cannot work as independent contractors.
F-2Spouse or child of F-1Cannot work in the United States.
H-1B Temporary professional workersEmployment is restricted to the sponsor of the H1-B petition.
H-4 Spouse or child of

H-1, H-2, H-3
Not permitted to be employed or to receive compensation

from any U.S. source.
IForeign media representatives and their dependentsCan only receive compensation from a foreign employer.
J-1 StudentStudent in U.S. under Exchange Visitor ProgramMay work on or off campus if the program sponsor grants permission.

J Visitor Checklist*
J-1 ResearcherResearcher or professor in U.S. under Exchange Visitor ProgramEmployment is restricted to the university or organization that

issued the DS-2019. Program sponsor may grant limited

permission for other work.

J Visitor Checklist*
J-2Spouse or child of J-1Dependents may accept employment with authorization from

the U.S. Citizenship & Immigration Services (USCIS).

Dependents must state that money is needed for their

expenses; work authorization card is issued by USCIS.
O-1Extraordinary ability in Sciences, Arts, Education, Business or AthleticsAppropriate for temporary positions. The University of Texas at Austin must petition the USCIS before hiring the employee. The

O-1 visa holder may only work for The University of Texas at Austin, but may accept expense reimbursement from other sources.
O-2Accompanying alien to assist O-1 in specific eventThe University of Texas at Austin must petition the USCIS before hiring the employee. The O-2 visa holder must only work with the O-1 visa holder he or she is intended to assist.
O-3Spouse or child of

O-1 or O-2
Cannot work in the U.S., but may be reimbursed for expenses.
P-1Athletes, or members of an entertainment group that are internationally recognizedThe University of Texas at Austin must petition the USCIS before hiring the employee. The P-1 visa holder may only work for The University of Texas at Austin. Group members may not perform services other than those performed with the group. See 12.5.5. Services Performed by Performers
P-2Artists and entertainers in reciprocal Exchange Visitor ProgramsThe University of Texas at Austin must petition the USCIS before hiring the employee. The P-2 visa holder may only work for The University of Texas at Austin. See 12.5.5. Services Performed by Performers
P-3Artists and entertainers in culturally unique programsThe University of Texas at Austin must petition the USCIS before hiring the employee. The P-3 visa holder may only work for The University of Texas at Austin. See 12.5.5. Services Performed by Performers
P-4Spouse or child of

P-1, 2, or 3
Cannot work in the United States, and cannot receive compensation from any U.S. source.
R-1Religious workersMay be employed and compensated only by the religious organization that obtained the status for the R-1 visa holder.
R-2Spouse or child of R-1Cannot work in the United States, and cannot receive compensation from any U.S. source.
TN Status NAFTATrade visas for Canadians and MexicansAllows Canadian and Mexican citizens to be employed in the U.S. in certain occupations listed in the NAFTA treaty for a maximum of one year. Not appropriate for tenured or tenure-track positions. May only work for the employer who offered the job (for Canadian citizens) or petitioned the INS (for Mexican citizens), but may accept reimbursement expenses from other sources. Cannot work as an independent contractor.
WB (business)Waiver for businessVisa waiver similar to B-1 visa. May be paid honorarium, stipend, or other form of compensation for services conducted for the benefit of The University of Texas at Austin from a U.S. source for activity lasting up to nine days, for a maximum of five honoraria during the last six months. Reimbursement is allowed for expenses incurred by the visit, such as travel, lodging, and meals. B Visitor Checklist*
WT (tourist)Waiver for tourismVisa waiver similar to B-2 visa. In rare circumstances, foreign visitors present in the U.S. on a B-2 visa may be paid honoraria and reimbursement for travel expenses.

B1/B2 - WB/WT Qualification Statement*
No visaUndocumented aliensCannot be paid for services.

 

For more detailed information, see the U.S. Department of State Visas section.

 

 

Part 12. Independent Contractors - Table of Contents