B1 Overview

The B-1 Business status allows visitors to enter the U.S. as non-immigrants for up to six months for business or pleasure, with the possibility to extend the status for an additional six months.

Visitors entering this status cannot engage in employment in the U.S. nor enroll in an academic study program. The U.S. Department of State expressly indicates that the B-1 may be used for "independent research."

Visitors in this status are permitted to change to another non-immigrant classification, provided they had no preconceived intent to do this prior to their entry in B status (or, if so, disclosed this intent to U.S. officials prior to their entry in B status).

• B-1 status (Visitor for Business): An international visitor entering in B-1 status holds a permanent residence in a foreign country that he/she has no intention of abandoning, and who is visiting the U.S. temporarily for business, such as consulting with business associates; participating in scientific, educational, or professional conventions, conferences, or seminars; or undertaking independent research. These must all be short-term, non-salaried academic activities. Persons in B-1 status may be reimbursed for reasonable business costs where UTRGV has a business purpose (e.g., inviting an expert speaker to a conference) and, if their activity on campus lasts no longer than nine days from the beginning to the end of their activity, can be granted an honorarium, provided that they will be granted honoraria from no more than five institutions during their stay in the U.S. The department's letter of invitation should indicate the types of activity that will be pursued, and these activities should correspond to those indicated as acceptable for the B-1 classification by the U.S. Dept. of State (see http://travel.state.gov/pdf/BusinessVisa.pdf) If activities do not conform to those listed, the U.S. Dept. of State may require a different visa, such as a J-1 Exchange Visitor visa, in which case your department will need to go through the J-1 request procedure. Note that the U.S. Dept. of State indicates the following about student training and B-1 status in notes to its Foreign Affairs Manual: "aliens, often students, who seek to gain practical experience through on-the-job training or clerkships must qualify under INA 101(a)(15)(H) or (L), or when an appropriate exchange visitors program exists (J)." It is our experience that language using "internship" will be interpreted by the U.S. DOS as a program activity requiring J status.
• B-2 status (Visitor for Pleasure): An international visitor entering B-2 status has recreational intent, including tourism, amusement, visits with friends or relatives, rest, and activities of a social nature. In all cases, we recommend that departments invite visitors in B-1, rather than B-2, status.

Requesting B-1 Status

Scholars who come to UTRGV for consulting, conferences, independent research, etc., for fewer than six months should enter the U.S. with B-1 status.

The scholar should request that B-1 status be granted at the port of entry when the U.S. Customs and Border Protection officer is preparing to stamp the I-94 Arrival/Departure Record. Presentation of the letter of invitation from the UTRGV inviting department should be presented at this point.

To offer B-1 business status to short-term visitors, an academic department must issue a letter of invitation to the visitor.

Overview Visa Waiver

The Visa Waiver Program (VWP) allows citizens of certain countries to enter the U.S. as non-immigrants for up to 90 days for business or pleasure.

Visitors entering the Visa Waiver Program can neither engage in employment in the U.S. nor enroll in an academic study program. The U.S. Department of State expressly indicates that the B-1 and, by extension, the WB, may be used for "independent research."

Visitors in this status are not permitted to change to another visa category within the U.S., nor are they allowed to extend their stay beyond the 90-day period of admission.

• Types of waivers: WB status (Visitor for Business): An international visitor entering in WB status holds a permanent residence in a foreign country that he/she has no intention of abandoning, and who is visiting the U.S. temporarily for business, such as consulting with business associates; participating in scientific, educational, or professional conventions, conferences, or seminars; or undertaking independent research. These must all be short-term, non-salaried academic activities. Persons in WB status may be reimbursed for reasonable business costs where UTRGV has a business purpose (e.g., inviting an expert speaker to a conference) and, if their activity on campus lasts no longer than nine days from the beginning to the end of their activity, can be granted an honorarium, provided that they will be granted honoraria from no more than five institutions during their stay in the U.S. The department's letter of invitation should indicate the types of activity that will be pursued, and these activities should correspond to those indicated as acceptable for the B-1/WB classification by the U.S. Dept. of State (https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html). If activities do not conform to those listed, the U.S. Dept. of State may require a visa, such as a J-1 Exchange Visitor visa, in which case the department will need to go through the J-1 request procedure.
  Note: The U.S. Dept. of State indicates the following about student training and B-1/WB status in notes to its Foreign Affairs Manual: "aliens, often students, who seek to gain practical experience through on-the-job training or clerkships must qualify under INA 101(a)(15)(H) or (L), or when an appropriate exchange visitors program exists (J)." It is our experience that language using "internship" will be interpreted by the U.S. DOS as a program activity requiring J status.
• WT status (Visitor for Pleasure): An international visitor entering in WT visa status has recreational intent, including tourism, amusement, visits with friends or relatives, rest, and activities of a social nature. In all cases, we recommend that the department invite visitors in WB, rather than WT, status.

Citizens of the following countries are eligible for the Visa Waiver Program:

• Andorra
• France
• Liechtenstein
• South Korea*
• Australia
• Germany
• Lithuania
• San Marino
• Austria
• Greece
• Luxembourg
• Singapore
• Belgium
• Hungary
• Malta
• Slovakia
• Brunei
• Chile
• Iceland
• Monaco
• Slovenia
• Czech Republic
• Ireland
• Netherlands
• Spain
• Denmark
• Italy
• New Zealand
• Sweden
• Estonia
• Japan
• Norway
• Switzerland
• Finland
• Latvia
• Portugal
• United Kingdom
• Taiwan
• Republic of Korea

Nationals of the above countries are not required to obtain non-immigrant visas at a U.S. embassy or consulate to visit the U.S.

This is a Department of Homeland Security travel authorization system. A VWP traveler should apply for ESTA at least 72 hours in advance of arrival to the U.S.

To apply for ESTA, visit https://esta.cbp.dhs.gov/.

Travelers will not be able to submit ESTA applications at a U.S. port of entry or a U.S. embassy or consulate.

The following documents are required to apply for the Visa Waiver Program:

• A valid machine-readable passport
• Evidence of intent to return to the home country in 90 days (example: round-trip airline ticket)
• Proof of financial support
• Invitation letter from UTRGV

For more information, please visit the U.S. Customs and Border Protection website.

Upon entry, VWP applicants will request WB status from the U.S. Port of Entry Officer. There is no "visa application process;" no visa (stamp from the U.S. consulate) is required prior to entry.

However, the visitor must provide certain documents and must enroll in the ESTA program prior to coming to the U.S.

VWP entrants do not receive a Form I-94, unlike persons admitted in all other non-immigrant classifications. Instead, the WB (or WT) status indication is stamped in the passport directly by the officer at the port of entry.

One should not enter the U.S. on the VWP program if there is any possibility to stay in the U.S. longer than 90 days, change to another status, or receive payment of salary.

International persons in certain immigration statuses may have an EAD issued by USCIS. An international person who is permitted to apply for EAD should do so at least 120 days before employment begins.

Employee Must Have EAD In Hand Before Employment Begins

An international employee should not be at the place of employment or begin working before the approved EAD start date. The actual plastic EAD itself must be in the possession of the employee before employment can begin. Note this very important distinction: it is not enough to have EAD approval either from the USCIS website or in paper form. A person in possession of a valid and unexpired EAD may work in the United States only during the validity dates written on the EAD itself. Again, note that the international employee cannot begin working (at UTRGV or any other place of employment) until the EAD start date and must stop working on the EAD end date.

EAD Renewals

In some situations, the EAD can be renewed; in other situations, it cannot. The international employee will know whether his or her EAD is renewable. If the EAD can be renewed, the international employee must ensure that the renewal application is filed with USCIS at least 100 days before the current EAD expires. In general, a pending EAD application does not provide permission to work, so persons with a pending EAD application cannot work in the United States. The only exception to this rule is for F-1 Students who are STEM-OPT eligible and Certain Employment-Based Immigrant and Nonimmigrant Visa Programs in a new USCIS rule in these situations, an employee who has an expired EAD will be able to provide that expired EAD in combination with Form I-797C, Notice of Action, for the renewal application as a List A document for Form I-9.

Finally, to provide additional stability and certainty to U.S. employers and individuals eligible for employment authorization in the United States, this final rule changes several DHS regulations governing the processing of applications for employment authorization. First, to minimize the risk of any gaps in employment authorization, this final rule automatically extends the validity of Employment Authorization Documents (EADs or Forms I-766) in certain circumstances based on the timely filing of EAD renewal applications.

Specifically, the rule automatically extends the employment authorization and validity of existing EADs issued to certain employment-eligible individuals for up to 180 days from the date of expiration, as long as:

• A renewal application is filed based on the same employment authorization category as the previously issued EAD (or the renewal application is for an individual approved for Temporary Protected Status (TPS) whose EAD was issued under 8 CFR 274a.12(c)(19));
• The renewal application is timely filed prior to the expiration of the EAD (or, in accordance with an applicable Federal Register notice regarding procedures for renewing TPS-related employment documentation) and remains pending; and
• The individual's eligibility for employment authorization continues beyond the expiration of the EAD and independent adjudication of the underlying eligibility is not a prerequisite to the extension of employment authorization.

Concurrently, DHS eliminates the regulatory provisions that require adjudication of the Application for Employment Authorization (Form I-765 or EAD application) within 90 days of filing and that authorize interim EADs in cases where such adjudications are not conducted within the 90-day timeframe. These changes provide enhanced stability and certainty to employment-authorized individuals and their employers while reducing opportunities for fraud and protecting the security-related processes undertaken for each EAD application

If the new EAD is not in hand at the time the previous EAD expires, the employee will be placed on leave without pay until the new EAD is received. If it takes longer than six weeks to receive the new EAD, the employee will be terminated but can be rehired once the new EAD is received. To avoid these difficulties, the employee should ensure that USCIS has the EAD renewal application at least 100 days before the current EAD expires.

Permissible Activities for Employee without EAD

As it pertains to UTRGV employees with EAD, please note that UTRGV must comply with federal immigration regulations and employment cannot begin before the EAD start date unless the employee has another type of valid and unexpired work authorization document. UTRGV departments are also cautioned against having an international employee on work premises engaging in work-related activities before the EAD or employment authorization start date. An international employee who engages in work-related activities or employment before EAD begins is in violation of immigration status. The University cannot violate federal regulations and international employees should not violate their immigration status by engaging in unlawful employment. Departments and employees should contact the IS office to discuss employment issues if there is a concern as to when an international employee with EAD can begin working.