When bringing foreign nationals to campus, it is strongly recommended for Tulane Departments to contact OISS as early in the process as possible. At times, it may be necessary to discuss the visa options with us before making the final hiring decision.
H-1B temporary workers are defined under immigration law as foreign nationals working in a specialty occupation. Specialty occupations are those that “require theoretical and practical application of highly specialized knowledge obtained through a course of study that culminates with a bachelor’s degree or its equivalent”. The H-1B is based on an employer/employee relationship with wage requirements set by the US Department of Labor (DOL). Both the job and the worker must qualify under the H-1B regulations.
Required Filing Fees: (to be paid by the hiring department)
Optional Fees for the H-1B Visa:
$2500 Premium Processing Fee: if expedited processing is necessary, departments must pay the premium processing fee as part of the business expense of the H-1B petition.
The Department must not require the employee to pay, unless the reason is due to certain personal circumstances, such as traveling abroad for presentations or vacations.
Unless there is a clear benefit to the worker (distinct and separate from any benefit to the University), the Department must pay the $2500 fee.
I-539 Application fee for H-4 dependent application (to be paid by the employee): $370, plus $85 biometrics fee per applicant; all checks should be made payable to “U.S. Department of Homeland Security” and submitted directly to Tulane OISS.
For issues concerning H-1B faculty and staff, please contact Nancy Lauland at firstname.lastname@example.org.
Tulane J-1 Scholar Health Insurance Policy and Resources
U.S. laws governing J-1 visas require all J-1 Exchange Visitors to have health insurance, medical repatriation insurance, and repatriation of remains insurance for the duration of their J-1 program in the U.S. (Section 514.14 CFR, Volume 22) Tulane University requires all J-1 visa holders and their J-2 dependents to purchase a Tulane Health Insurance Policy (or receive a waiver of the policy).
For assistance with J-1 scholar questions, please contact Nancy Lauland at email@example.com or 865-5208.
TN (Treaty NAFTA) employment status is available to Canadian and Mexican citizens.
TN status can be obtained at a port-of-entry (about $50 fee) or by filing an I-129 Petition with USCIS ($460.00 filing fee).
To assure there will be no delay in the start of the program, please submit the request and supporting documents to OISS at least six (6) weeks prior to the desired program start date. Please note that immigration regulations are subject to change and can vary depending on your particular case or situation. Always consult an OISS advisor for the most accurate information. OISS is here to help you and your visitors navigate the immigration process.
For questions regarding TN professionals, please contact Nancy Lauland at firstname.lastname@example.org.
Use the table below to determine which option is most suitable, then find that option at the bottom of the page for full information.
|Considerations||Option 1||Option 2||Option 3||Option 4|
|Duration of Visit||Less than 9 days of activity (presence can be 9 days or more)||More than 9 days||More than 9 days & less than 6 months||Already in US|
||In US on non-immigrant visa already|
||Reimbursement for expenses ONLY||Payment for services, including salary and/or Reimbursement for expenses||Depends on visa type|
|Immigration Issues & Action Required||
|Tax / Payment Issues||Honorarium: May be taxable. Taxes 30% unless tax treaty between US & home country. A SSN or ITIN number is required.
Reimbursement: Proof of expenses. No tax liability.
|Reimbursement: Use per diem rate or provide proof of expenses. No tax liability.||Salary is taxable at 30% unless tax treaty applies. A SSN or ITIN number is required.||Depends on visa type|
To bring a visitor to Tulane for a short period of time (not to exceed 9 days of activity, but presence can be longer) for an academic activity for which he or she will receive an honorarium and/or be reimbursed for expenses.
B-1 business, B-2 tourist, or Visa Waiver Program
A B-1/B2 visa must be obtained from a U.S. consulate or embassy abroad.
Honorarium and/or reimbursement for expenses
Honorarium: An honorarium is a one-time payment made to an individual, who is not an employee of the university, for a special and non-recurring activity or event for which a fee is not legally or traditionally required. An honorarium may be paid to a Nonresident Alien for "usual academic activity or activities." These activities include lecturing, teaching and sharing of knowledge or performance.
Tax Issues for Honorarium
As a general rule, the Internal Revenue Service (IRS) requires the university to withhold at a 30% rate for all honorarium payments made to Nonresident Alien Individuals. Tax treaty exemptions may apply if:
This process takes 10 days from the time the form is submitted to the IRS. For more information about the U.S. tax treaties, view IRS publication 901: www.irs.gov/pub/irs-pdf/p901.pdf.
To apply for a tax treaty exemption:
Reimbursement for Expenses
To bring a visitor to Tulane for a short period of time (exceeding 9 days) for an academic activity for which he or she will only receive reimbursement for expenses.
Has not accepted payment of expenses and/or honorarium from more than five U.S. institutions or organizations in the previous six months.
B-1 business or Visa Waiver Program. Normally B-1 visas are issued for a reasonable amount of time given the purpose of the trip, but not to exceed one year. Visitors entering the United States under the VWP are admitted for a period of 90 days.
A B-1 visa (B2 visas do not qualify for Option 2) must be obtained from a U.S. consulate or embassy abroad.
Reimbursement for expenses ONLY
Available to short-term visitors at Tulane for short periods of time (up to six months) for the purpose of teaching, conducting research, lecturing, observing, etc, but cannot be used for a tenure-track faculty position.
More than 9 days and less than 6 months.
J-1 Short-term scholar
Reimbursement, honorarium and/or payment for services.
Reimbursement for Expenses
An honorarium is a one-time payment made to an individual, who is not an employee of the university, for a special and non-recurring activity or event for which a fee is not legally or traditionally required. An honorarium may be paid to a Nonresident Alien for "usual academic activity or activities." These activities include lecturing, teaching and sharing of knowledge or performance.
Tax Issues for Honorarium
As a general rule, the Internal Revenue Service (IRS) requires the university to withhold at a 30% rate for all honorarium payments made to Nonresident Alien Individuals.
Tax treaty exemptions may apply if:
To bring a short-term visitor to Tulane for an academic activity.
Non-resident alien already in the U.S.
Depends on current immigration status of visitor. If on an H-1B at another institution, the visitor may be reimbursed for expenses only and may NOT be paid an honorarium. Contact the Nancy Lauland in the OISS with any questions or concerns at 504-865-5208