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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: May 30, 2002 (Volume 67, Number 104)]
[Proposed Rules]               
[Page 37727-37731]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my02-20]                         

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================



[[Page 37727]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS No. 2100-00]
RIN 1115-AF97

 
Academic Honorarium for B Nonimmigrant Aliens

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Immigration and Naturalization Service (Service) is 
proposing to amend its regulation relating to the acceptance of 
academic honoraria by nonimmigrant aliens admitted to the United States 
as B visitors. This is necessary to implement changes to section 212 of 
the Immigration and Nationality Act (Act) made by the American 
Competitiveness and Workforce Improvement Act of 1998. The amendment 
outlines the proposed procedures necessary for a nonimmigrant alien 
visiting the United States in valid B status to accept honoraria in 
connection with usual academic activities.

DATES: Written comments must be submitted on or before July 29, 2002.

ADDRESSES: Please submit written comments to the Director, Regulations 
and Forms Services Division, Immigration and Naturalization Service, 
425 I Street, NW, Room 4034, Washington, DC, 20536. To ensure proper 
handling, please reference INS No. 2100-00 on your correspondence. 
Comments may also be submitted electronically to the Service at 
insregs@usdoj.gov. When submitting comments electronically, please 
include INS No. 2100-00 in the subject heading. Comments are available 
for public inspection at this location by calling (202) 514-3048 to 
arrange for an appointment.

FOR FURTHER INFORMATION CONTACT: Craig Howie, Business and Trade 
Services Branch, Adjudications Division, Immigration and Naturalization 
Service, 425 I Street, NW, Room 3040, Washington, DC 20536, telephone 
(202) 353-8177.

SUPPLEMENTARY INFORMATION:

Background

What Is a B Nonimmigrant Alien?

    A B nonimmigrant is an alien whose admission to the United States 
is based on a temporary visit for business (B-1) or a temporary visit 
for pleasure (B-2). Section 101(a)(15)(B) of the Act defines the 
visitor classification as:

    An alien (other than one coming for the purpose of study or of 
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.

    Based on the statutory language, the Service has long held a B-1 
nonimmigrant to be one seeking admission for legitimate activities of a 
commercial or professional nature, and a B-2 nonimmigrant to be one 
seeking admission for activities relating to pleasure.

Legislative Authority

    How Does the American Competitiveness and Workforce Improvement Act 
(ACWIA) Affect the B Nonimmigrant Classification?
    On October 21, 1998, President Clinton approved enactment of the 
American Competitiveness and Workforce Improvement Act of 1998 (ACWIA), 
Public Law 105-277, Div. C, Title IV, 112 Stat. 2681-641. Section 431 
of the ACWIA amended the Act at section 212 by adding a new subsection 
212(q):

    (q) Any alien admitted under section 101(a)(15)(B) may accept an 
honorarium payment and associated incidental expenses for usual 
academic activity or activities (lasting not longer than 9 days at 
any single institution) as defined by the Attorney General in 
consultation with the Secretary of Education, if such payment is 
offered by an institution or organization described in subsection 
(p)(1) and is made for services conducted for the benefit of that 
institution or entity and if the alien has not accepted such payment 
or expenses from more than five institutions or organizations in the 
previous 6-month period.

Section 212(p)(1) of the Act, as amended by ACWIA, defines the relevant 
institutions and organizations as:


    (A) an institution of higher education (as defined in section 
101(a) of the Higher Education Act of 1965), or a related or 
affiliated nonprofit entity; or
    (B) a nonprofit research organization or a Government research 
organization, * * *

    Note that the Service and the Department of Labor have previously 
defined the organizations described in section 212(p)(1) of the Act. 
See 65 FR 10678 (2/29/00) and 65 FR 80209 (12/20/00), respectively. For 
consistency, the Service plans to adopt these previously published 
definitions for this proposed rulemaking.
    On November 30, 1999, the Service provided policy guidance to its 
field offices that noted the amendatory language in the ACWIA. In 
addition, the guidance noted that no new documentary requirements were 
to be imposed upon aliens applying for admission and stating the intent 
to accept an honorarium from an academic organization until the Service 
published implementing regulations.

Why Is the Service Proposing This Regulatory Change?

    This regulation will aid the Service in administering section 
212(q) of the Act and will provide guidance to the public. Since the 
new section 212(q) of the Act alters how the Service has historically 
viewed the B nonimmigrant classification, a proposed rule is first 
being published. This will offer the public a chance to comment on the 
Service proposals. See Matter of Hira, 11 I. & N. Dec. 824 (BIA 1965, 
1966; A.G. 1966) and Matter of Neill, 15 I. & N. Dec. 331 (BIA 1975) 
for more information on how Board of Immigration Appeals decisions have 
affected the Service's interpretations of the B nonimmigrant 
classification.

Amendment of Existing Regulation

Are both B-1 Visitors for Business and B-2 Visitors for Pleasure 
Covered by This Proposed Regulation?

    Section 212(q) of the Act applies to ``[a]ny alien admitted under 
section 101(a)(15)(B)'' of the Act. Thus, both nonimmigrant visitors 
for business (B-1 nonimmigrants) and nonimmigrant visitors for pleasure 
(B-2 nonimmigrants) may accept honoraria as provided in section 212(q) 
of the Act.

[[Page 37728]]

(Note that aliens exempt from the nonimmigrant visa requirements 
pursuant to 8 CFR 212.1 or who possess a valid border crossing card are 
also eligible to engage in honorarium-related events.) This proposed 
rule, however, makes an important distinction. Participation in 
academic conferences and other academic activities is more properly a 
B-1, rather than a B-2, activity. Therefore, if an alien is coming to 
the United States to engage in activities for which he or she may 
accept honoraria under section 212(q) of the Act, the alien must seek 
admission to the United States as a B-1, rather than as a B-2 
nonimmigrant. For those eligible to seek admission under the Visa 
Waiver Program (VWP), the corresponding WB classification (Visa Waiver/
Business) is the proper one.
    The B-1 and B-2 classifications are separate nonimmigrant 
classifications with distinct purposes. A B-1 nonimmigrant is one who 
is seeking admission for legitimate activities of a commercial or 
professional nature, such as business meetings or to engage in 
litigation. A B-2 nonimmigrant is one who is seeking admission for 
activities relating to pleasure, namely touring, vacations, or family 
visits. Therefore, the Service believes that the award of an honorarium 
for services performed on behalf of an organization is not consistent 
with the interpretation of a visitor for pleasure.
    The proposed rule does make it clear that an alien who has already 
been admitted as a B-2 nonimmigrant (or as a WT (Visa Waiver/Tourist) 
nonimmigrant under the VWP) does not violate the terms of admission by 
accepting honoraria in accordance with section 212(q) of the Act. But 
if the events for which the honoraria are offered are arranged before 
the alien travels to the United States, the alien must seek admission 
as a B-1 or WB nonimmigrant.
    The Service also notes that nothing in the amendatory language 
relieves an alien from first meeting all the statutory requirements 
placed upon those applying for admission to the United States as B 
visitors. Namely, the alien must maintain an unabandoned foreign 
domicile and ties to his or her country of citizenship or residence. 
Only after the alien has satisfied the requirements of section 
101(a)(15)(B) of the Act and is deemed admissible may the alien 
participate in activities where an honorarium may be awarded.

How Does the Service Propose to Define Honorarium?

    The Service is proposing the addition of a new 8 CFR 214.8. At 
[sect] 214.8(a) the Service provides definitions of various terms used 
throughout 8 CFR 214.8. Honorarium is defined as a gratuitous payment 
of money or any other thing of value to a person for the person's 
participation in a usual academic activity for which no fee is legally 
required and that an honorarium may be of any dollar amount with no 
minimum or maximum dollar amount required. This definition makes clear 
that honorarium is altogether different than a salary that an 
individual receives on a continuing basis.

How is the Term ``Usual Academic Activity'' Defined?

    Section 212(q) of the Act directs the Attorney General to consult 
with the Secretary of Education in order to formulate a definition of 
``usual academic activity.'' As directed by section 212(q) of the Act, 
the Service has consulted with the Education Department in developing a 
workable definition of the term, ``usual academic activity.''
    At 8 CFR 214.8(a), the Service proposes a broad definition of 
``usual academic activity'' that includes lecturing, teaching, and 
sharing knowledge. In addition, the Service includes activities such as 
meetings of boards or committees that benefit the institution within 
the text of the definition.
    While the Service also includes performances, master classes, and 
readings within the definition of ``usual academic activity,'' the 
proposed rule does place limitations on the commercial nature of such 
events. The Service proposes that such events must be open to students 
and/or the general public free of charge, with no sale of general 
admission tickets. An alien performing artist wishing to perform before 
a paying audience and who would otherwise be charging a set fee for the 
performance must avail him or herself of another type of nonimmigrant 
visa specifically intended for use by such an artist. For example, the 
O and P nonimmigrant categories were, in part, created to accommodate 
performing artists. The Service notes that section 212(q) of the Act 
does not create a new method for performing artists to circumvent the 
prescribed nonimmigrant visa petition process.

Is the Service Proposing Limitations on Honorarium Activity and 
Frequency?

    Yes, section 212(q) of the Act provides that during a 6-month 
period, an alien may accept an honorarium and reimbursement of the 
associated expenses from no more than five organizations, and that the 
event may not last more than 9 days at any single institution. While 
Congress did not offer an explanation about why these limitations are 
included in the amendatory language, the Service interprets these 
stated limitations as evidence of congressional concern that 
organizations may be tempted to circumvent the nonimmigrant petition 
process in order to augment staff with alien professors or teachers. 
Without any limitations, any organization included within the statutory 
language could in effect hire an alien professor to teach a full 
course-load, but state that the individual is only ``visiting'' and is 
being awarded an honorarium for his or her contributions to the benefit 
of the institution.
    The Service therefore proposes at 8 CFR 214.8(c) reasonable 
limitations on honorarium activity and frequency that are consistent 
with section 212(q) of the Act. The Service notes that while limits are 
proposed on honorarium-related activity and frequency, nothing within 
the proposed rule prevents an alien from obtaining employment with an 
academic organization through the normal petition process, or through 
programs such as the Short Term Scholar program (a J-visa program 
administered by the Department of State at 22 CFR 62.21).
    The Service also attempts to provide an interpretation of the term 
``single institution'' that is specified in section 212(q) of the Act. 
The Service proposes that the term ``single institution'' may apply to 
an organization that has more than one branch or campus. For example, 
if an alien is making the same presentation at three different campuses 
of a State university during a 9-day period and is being reimbursed 
with one honorarium payment, the Service will regard this as a single 
visit. However, if the alien's intention is to address three different 
topics at a multi-campus organization over the 9-day period and the 
different campuses are paying the alien separate honorarium payments 
for the visits, the Service will consider this to be three separate 
visits. These visits will be charged against the overall five visits 
allowed during the 6-month period.

Will the Service Require Documentation From Arriving Aliens Stating the 
Intent to Participate in Honorarium-related Activities?

    Yes, the Service proposes, at 8 CFR 214.8(d), that aliens 
presenting themselves for admission to the United States as B-1 or WB 
visitor for business, and who state the intent to participate in 
honorarium-related activities, be in possession of the letter of 
invitation that has been issued by the institution

[[Page 37729]]

sponsoring the activity. It is reasonable to expect that any 
organization sponsoring an honorarium-related event to have issued a 
letter of invitation to the alien. Invitation letters should clearly 
specify the honorarium-related event or activity as well as the date 
and location of the activity. In addition, the letter may assist the 
inspecting Service officer in verifying that the activity the alien 
plans to participate in qualifies pursuant to section 212(q) of the Act 
and the regulations at 8 CFR 214.8. The Service sees no particular 
hardship by proposing this reasonable documentary requirement.

Does the Service Consider Organizations Sponsoring Honorarium-Related 
Events to be Employers Subject to the Provisions of Section 274A of the 
Act?

    No, the Service intends that organizations sponsoring honorarium-
related events will not be considered to be employers subject to the 
provisions of section 274A of the Act as long as their actions are 
consistent with this rule.
    Section 274A of the Act and implementing regulations at 8 CFR part 
274a relate to the control of the employment of aliens in the United 
States. These provisions require persons or entities who hire 
individuals for employment in the United States to verify such 
individuals' employment eligibility and identity on the Employment 
Eligibility Verification form (Form I-9). These provisions also 
prohibit persons or entities from: hiring an alien knowing that he or 
she is unauthorized to work in the United States; continuing to employ 
an alien knowing that he or she is or has become unauthorized to work; 
or using a contract, subcontract, or exchange to obtain the labor or an 
alien in the United States knowing that he or she is unauthorized with 
respect to performing such labor. In essence, therefore, the 
prohibitions and requirements of section 274A of the Act and 8 CFR part 
274a only apply in the employment and contract services contexts.
    In the context of honorarium-related events, however, the 
relationship between the organization sponsoring the event and the 
individual providing the honorarium-related academic activity is 
neither one of employer/employee nor based upon contract services. The 
definitions of ``employee,'' ``employer,'' and ``employment'' in 8 CFR 
274a.1(f), (g) and (h) respectively make clear that, for purposes of 
section 274A of the Act, ``employment'' has the common meaning of the 
provision of labor or service for a wage, salary or other remuneration, 
to which the employee has a legal entitlement, once the employee 
performs the labor or service. This proposed rule defines an 
honorarium, by contrast, as ``a gratuitous payment of money or any 
other thing of value to a person for the person's participation in a 
usual academic activity, for which no fee is legally required.'' Thus, 
an activity for which a person may accept an honorarium under this rule 
is not ``employment'' nor is it contractual, given its gratuitous 
nature.
    However, the fact that an activity for which an entity may offer an 
honorarium is not ``employment'' or contract services does not mean an 
entity can abuse the honorarium process to circumvent the prescribed 
nonimmigrant petition process that all United States employers must 
follow, in those cases where it will, in fact, be employing the 
services of a qualified alien worker. Organizations, in particular 
colleges, universities, and other institutions of higher education, may 
not use the honorarium provisions to hire or contract with an alien 
worker in order to provide salaried or otherwise compensated services. 
If the individual is to be the entity's employee, both the entity and 
the alien must comply with section 274A and all other provisions of the 
Act--such as visa petition, labor certificate, and visa requirements--
governing the alien's ability to accept employment in the United 
States. For example, organizations that connect events together where 
the 9-day periods run back-to-back or are otherwise structured in such 
a way as to allow the instructor to continue the program during a 
regular semester or other established instructional period must be 
prepared to substantiate why the Service should not consider this 
arrangement as employment.
    If the alien is to provide contract services, he or she will be 
violating his or her status by providing such services unless the alien 
is employment-authorized with respect to this activity. While the 
entity is not required by section 274A of the Act to verify the 
employment eligibility on Form I-9 of individuals providing contract 
services, the entity may be violating the prohibition against knowingly 
hiring an unauthorized alien if the individual is providing the 
contract services without being employment-authorized, and the entity 
is aware of this fact.

What Penalties Might an Alien Incur Should he or she be Found to be in 
Violation of Status?

    The Service has every reason to believe that the vast majority of 
aliens that intend to take advantage of these honorarium-related 
provisions will maintain and abide by the B-1 or WB status under which 
the alien was admitted. However, the Service would be remiss not to 
address the possible consequences an alien may face should he or she 
violate the provision of the admitted B-1 or WB status. The Service 
therefore notes at 8 CFR 214.8(e) that an alien who collects honorarium 
in excess of the limitations stipulated by the Act will be considered 
to be in violation of his or her B or WB nonimmigrant status and 
amenable to removal under the provisions of section 237(a)(1)(C)(i) of 
the Act.
    In addition, an alien who is applying for admission to the United 
States in order to participate in honorarium-related activities, and 
who is found to have exceeded the limitations on such activities 
stipulated by the Act, and who knowingly misrepresents himself or 
herself to the admitting Service inspector about material facts 
regarding the alien's honorarium-related activities, may be found to be 
inadmissible pursuant to the misrepresentation provisions found in 
section 212(a)(6)(C)(i) of the Act.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 
reviewed this regulation and, by approving it, certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule applies to nonimmigrant aliens visiting the 
United States in valid B status to accept honoraria in connection with 
usual academic activities. It does not affect small entities as that 
term is defined in 5 U.S.C. 601(6).

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in

[[Page 37730]]

costs or prices; or significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based companies to compete with foreign-based companies 
in domestic and export markets.

Executive Order 12866

    This rule is considered by the Department of Justice, Immigration 
and Naturalization Service, to be a ``significant regulatory action'' 
under Executive Order 12866, section 3(f), Regulatory Planning and 
Review. Under Executive Order 12866, section 6(a)(3)(B)-(D), this 
proposed rule has been submitted to and reviewed by the Office of 
Management and Budget.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient Federalism implications to warrant the preparation of a 
federalism summary impact statement.

Executive Order 12988 Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, Public Law 104-13, all 
Departments are required to submit to the Office of Management and 
Budget (OMB), for review and approval, any reporting or recordkeeping 
requirements inherent in a rule. This proposed rule does not impose any 
new reporting or recordkeeping requirements under the Paperwork 
Reduction Act.

List of Subjects in 8 CFR Part 214

    Administrative practice and procedures, Aliens, Employment.

    Accordingly, part 214 of chapter I of title 8 of the Code of 
Federal Regulations is proposed to be amended as follows:

PART 214--NONIMMIGRANT CLASSES

    1. The authority citation for part 214 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221, 
1281, 1282; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Section 
141 of the Compacts of Free Association with the Federated States of 
Micronesia and the Republic of the Marshall Islands, and with the 
Government of Palau, 48 U.S.C. 1901, note and 1931 note, 
respectively; 8 CFR part 2.
    2. Section 214.8 is added to read as follows:


[sect] 214.8  Academic honorarium for B visitors.

    (a) This section establishes the rules that govern an alien's 
receipt of honoraria in accordance with section 212(q) of the Act, 
while the alien is present in the United States after having been 
admitted as a nonimmigrant visitor for business or pleasure (B 
nonimmigrant). As used in this section the term:
    Associated incidental expenses means reimbursements or payments for 
travel costs, lodging, meals, uniforms, or supplies.
    Government research organization means an organizational unit of 
the Federal Government whose primary mission is the performance or 
promotion of basic research and/or applied research. See [sect] 
214.2(h)(19)(iii)(C) for a complete definition of this term.
    Honorarium means a gratuitous payment of money or any other thing 
of value to a person for the person's participation in a usual academic 
activity for which no fee is legally required. The value of an 
honorarium may be of any dollar amount with no minimum or maximum 
dollar amount required, as distinguished from set compensation (i.e., 
salary) for services that are rendered on a continuing basis.
    Institution of higher education means an institution meeting the 
requirements of section 101(a) of the Higher Education Act of 1965.
    Nonprofit research organization means an organization defined as 
tax exempt under the Internal Revenue Code of 1986, section 501(c)(3), 
(c)(4) or (c)(6), 26 U.S.C. 551(c)(3), (c)(4) or (c)(6) and has been 
approved as a tax exempt organization for research or educational 
purposes by the Internal Revenue Service. See [sect] 
214.2(h)(19)(iii)(C) and (h)(19)(iv) for a complete definition of this 
term.
    Pre-arranged academic activity means any academic activity for 
which an alien will accept an honorarium, if the institution invited 
the alien's participation before the alien's admission to the United 
States.
    Usual academic activity (or activities) means those activities for 
the benefit of the institution that include, but are not limited to, 
lecturing, teaching, consulting, conducting research, attending 
meetings, symposia or seminars, or otherwise sharing knowledge, 
experience, or skills in master classes, readings, and performances 
(when the audience is composed of non-paying students and/or open to 
the general public and general admission tickets to the public have not 
been sold), and meetings of boards, committees, or merit review panels.
    Visitor for business means a person admitted to the United States 
as a B-1 nonimmigrant or a Visa Waiver Program visitor for business 
pursuant to 8 CFR part 217.
    Visitor for pleasure means a person admitted to the United States 
as a B-2 nonimmigrant or a Visa Waiver Program visitor for pleasure 
pursuant to 8 CFR part 217.
    (b) B nonimmigrants eligible to accept honorarium. Both 
nonimmigrant visitors for business and nonimmigrant visitors for 
pleasure may accept honoraria in accordance with section 212(q) of the 
Act. Aliens who are exempt from the nonimmigrant visa requirements of 8 
CFR 212.1 or who possess a valid border crossing card are also eligible 
to engage in honorarium-related events. If, however, the alien is 
coming to the United States to participate in pre-arranged academic 
activities for which the alien will accept honoraria the alien must 
seek admission as a nonimmigrant visitor for business. An alien may not 
be admitted as a nonimmigrant visitor for pleasure if the alien's plans 
include participating in pre-arranged academic activities for which the 
alien will accept honoraria.
    (c) Limitations on honorarium activity and frequency. The 
acceptance of honoraria under this paragraph is subject to the 
following limitations.
    (1) During a 6-month period, an alien may accept an honorarium and 
reimbursement of the associated expenses from no more than five 
organizations that are defined in paragraph (a) of this section. If 
questioned by the admitting Service Inspector or by any Service officer 
after admission, the alien shall provide a complete accounting of his 
or her honorarium-related activities within the applicable 6-month 
period.
    (2) The academic activity or activities that the alien is providing 
for the institution is limited to no more than 9 days per activity at 
any single institution (a total of 45 possible days during the 6-month 
period). The term ``single institution'' also applies to an 
organization that has branches or campuses in more than one location. 
For purposes of applying the 9-day limit, if the alien is providing the 
identical service at more than one location of the institution during 
the 9-

[[Page 37731]]

day period and is being reimbursed with one honorarium payment, this 
shall be considered one activity. However, if the alien is providing 
different activities at different branches of an organization and the 
different campuses are paying the alien separate honorarium payments 
for the visits, each visit to each branch or campus shall be considered 
a separate visit and be calculated against the maximum of five allowed 
activities within the 6-month period.
    (3) An institution may not use the honorarium provisions of section 
212(q) of the Act as a vehicle to circumvent the otherwise prescribed 
nonimmigrant petition process. Institutions desiring to employ 
nonimmigrant aliens must comply with section 274A of the Act and all 
other applicable provisions of the Act and the Service regulations at 8 
CFR part 274a that govern an alien's ability to legally accept 
employment in the United States.
    (d) Documentation. Any alien applying for admission to the United 
States as a B-1 visitor for business or as a WB visitor, stating the 
intent to participate in an academic activity for which an honorarium 
payment will be awarded, will be required to be in possession of the 
letter of invitation that the institution sponsoring the activity has 
issued to the alien. At a minimum, an invitation letter should clearly 
specify the honorarium-related event or activity, as well as the 
date(s) and location of the event. The letter of invitation must be 
produced for inspection if requested by an inspecting Service officer 
at the United States port-of-entry where the alien is applying for 
admission.
    (e) Applicability of employment requirements. A nonimmigrant 
visitor for business or pleasure who accepts honoraria as provided in 
this section will not be considered as engaging in employment or 
providing contract services since doing so impedes the ability of the 
Service to properly administer section 212(q) of the Act.
    (f) Violation(s) of status. (1) A nonimmigrant visitor for business 
or pleasure who collects honoraria in excess of the limitations noted 
in paragraph (c) of this section is in violation of his or her 
nonimmigrant status and amenable to removal under section 
237(a)(1)(C)(i) of the Act.
    (2) It is not a violation of status for an alien who has been 
admitted as a nonimmigrant visitor for pleasure to accept honoraria 
under section 212(q) of the Act for the alien's participation in 
academic activities, if the institution invited the alien's 
participation after the alien's admission. It is, however, a 
misrepresentation of a material fact for an alien who is coming to the 
United States to participate in pre-arranged academic activities for 
which the alien will accept honoraria to seek and obtain admission as a 
nonimmigrant visitor for pleasure, rather than as a nonimmigrant 
visitor for business.
    (3) It is not a violation of status for a B-1 alien to participate 
in more than one academic activity at more than one organization during 
a single admission. However, the academic activities must comport with 
the limitations noted in section 212(q) of the Act.

    Dated: May 21, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-13433 Filed 5-29-02; 8:45 am]
BILLING CODE 4410-10-P



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