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Unauthorized Employment of Aliens

Until November 6, 1986, only the alien was in violation of the law when illegally employed. With the passage of the Immigration Reform and Control Act of 1986, the employer became subject to fines of up to $10,000 and criminal penalties for employing aliens who are not authorized to work. Employers must verify the identity and work status of each new employee and complete Form I-9 testifying under penalty of perjury that the employee’s identity and work authorization have been verified by the examination of documents. The university has initiated strict procedures to make sure that everyone put on the payroll is legally authorized to work. Together with the severe penalties that aliens themselves pay if they work illegally, this system makes it illegal for the university to employ aliens who are not in the appropriate status. Departments need to be very careful in determining whether it is feasible to obtain proper immigration status for a prospective international scholar within the time frame available. Departments must prepare documents for immigration applications early and carefully, and take into consideration the vagaries of the immigration regulations in planning for staffing positions. We urge departments to consult ISSS early in any negotiations with international scholars to fill temporary or permanent positions.

Honorarium Payments

The U.S. Congress passed legislation in October 1998 to allow the payment of expenses and honoraria to visiting scholars in “B” or visa waiver status,* as long as that arrangement is for a single event or short series of events (master class/lecture/demonstration) and is limited to nine days and not more than five other payments from other institutions in the past six months.

In order to enter on the Visa Waiver Program, participants must now have machine-readable passports. If the participant does not have a machine-readable passport, they will need to apply for a B visa from the American embassy before they come to the United States.

Check with the International Tax Office for further information about payment and tax implications if you have a visitor coming on the B or Visa Waiver Program.

Social Security Numbers

All visiting scholars who will be on the university’s payroll must have a Social Security number (SSN) to receive payment for their work. Scholars may begin working without an SSN; however, they will not be paid until the number is provided to the scholars’ department or office human resource office. Scholars can apply for a Social Security number at the Social Security office, located at 480 W Dahlia St. Louisville, CO 80027. After attending the immigration check-in with ISSS, the scholar should wait at least 2 days before applying for a SSN. In order to be issued a number, the scholar must present his or her passport, valid I-94, immigration documents such as an I-20 or DS-2019, and a SSN letter from ISSS to the Social Security Administration officials, along with one additional form of photo identification. There is no cost to apply, and it usually takes about 2 weeks for the scholar to receive a Social Security number in the mail. Scholars should make sure they bring enough money to cover their initial expenses while waiting to be added to the University payroll.