SUBJECT:

Procedures for Non-Payroll Payments to Foreign Visitors with Either B-1/B-2 Visas or On a Visa Waiver Program (WB/WT)

Reference: Campus Notice - Payments to B-1 and B-2 Visa Holders -
September 1996 (posted on http://www-bfs.ucsd.edu/dis/chk-req.htm#082996)

The Office of the President issued revised procedures regarding
payments to foreign visitors with either B-1 and B-2 visas or on a Visa
Waiver Program. This action was a result of Executive Order 12989 signed
by President Clinton and issued February 13, 1996, which states that
employers not in compliance with this provision of the Immigration and
Naturalization Act may be debarred from receiving federal contracts.

The limitations apply to payments made to B-1/B-2 visa holders, as
well as visitors from certain countries who enter under a Visa Waiver
Program either - for business visitor (WB) or - for tourist visitor (WT).

Departments hosting foreign visitors who plan to enter the United
States under either the "B" or "W" (visa waiver), should inform their
visitors immediately about this policy.

The following procedures are effective for all payments and supersede
all previous notices and procedures.

PAYMENTS - EXPENSES

1) B-1 Visa Holders or Visitors on the Visa Waiver Program (WB) -
  Visitors for Business

Persons who enter the United States on a B-1 visa or under the WB
Visa Waiver Program (WB) cannot receive any form of compensation from
the university (honoraria, stipends, etc.). B-1 visa holders and
visitors on the Visa Waiver Program (WB) can be reimbursed for travel
related expenses upon submission of a Travel Expense Voucher.
Original receipts and a either a copy of the visa documentation must be
attached or a statement must be made on the travel expense voucher by the
person authorized to approve the travel expense that the visa status is
either that of a B-1 visa holder or the visitor is on the Visa Waiver
Program (WB).

2) B-2 Visa Holders or Visitors on the Visa Waiver Program (WT) -
  Visitors for Pleasure

Persons who enter the United States on a B-2 visa or on the Visa
Waiver Program (WT) cannot receive any type of payment from the university.
This includes, but is not limited to:

  - honoraria, travel reimbursements, and stipends;

  - direct payment to a vendor/supplier for expenses on their behalf;

  - reimbursement to a university employee who has defrayed the
   costs of persons who enter on a B-2 or WT.

Canadian visitors who enter the United States without a visa are
considered B2 visitors and are subject to these same limitations
unless issued Form I-94 with a B-1 notation at the U.S. port of entry.

There are no provisions for exceptions, since doing so would put UCSD
at risk of losing its federal funding.

PAYMENTS - TRAVEL ADVANCES

Due to the risk of debarment, travel advances cannot be issued to, or
on behalf of, B-1 or WB visitors until after their entry into the United
States. This is because the specific category of the visa is only assigned
at the time of entry, issuance of an advance based on an expected visa of
B-1 that ultimately became a B-2 would leave a permanent record showing
that the university violated federal law and the Executive Order.
Accordingly, B-1 and WB visitors will need to pay for their own
transportation expenses, and request a travel reimbursement after
entry into this country.

We certainly understand the ramifications that this policy has on
those Departments hosting foreign visitors who will plan to enter the
United States under either of the B-1/B-2 visa or on the Visa Waiver
Programs (WB/WT). We will ensure that you are advised immediately if
there are any revisions to this policy.

If you have questions concerning these procedures, please contact
Robin Posner either at extension 440859 or E-mail rposner@ucsd.edu.

General inquiries may also be directed to the Travel Office E-Mail at
Travel@UCSD.Edu; through SandNet at "Travel Office" or by campus mail
at Mail Code 0955. Fax Number - 822-1546.

Travel Office Personal Contact: HOOPENGARDNER, Jaquie 534-3734
jhoopengardner@UCSD.Edu

Questions pertaining to foreign visitors and U.S. eligibility
requirements should be directed to UCSD's International
Center 534-3730.

Donald A. Larson Assistant Vice Chancellor - Business and Financial Services