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All visiting international scholars, regardless of the immigration arrangements that are made for them, must have official University appointments to indicate that they have an academic relationship to the University. For those scholars who are not paid by the University, appointments such as Visiting Researcher without stipend are usually appropriate. Any scholar who is on the payroll of the University should consult with his or her department for an appropriate identity card. Scholars who are not on University payroll can get "Affiliate" identification cards from the BuffOne card office. The Different Visa Categories Employing departments should be aware that there are different categories available in bringing over a visiting scholar. In brief, the most common categories used by forieng nationals at CU Boulder are:
Please see our Visa Options Chart for a general overview of additional visa types. Immigration law defines "nonimmigrants" as persons who have an intent to return to their home countries when they have completed their stated program. Departments and prospective visiting international scholars should keep these distinctions in mind in preparing documents dealing with nonimmigrant status and in all relationships with consular and immigration officers. Visiting scholars should come to the United States on appropriate visas. The USCIS will deny most applications for change of status for people who state one intention when they enter the United States and then immediately "develop" a different set of intentions. Please contact our office for assistance regarding the best category in which to bring in an international scholar. You can call us at (303) 492-8057. Honararium 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 9 days and not more than 5 other payments from other institutions in the past 6 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 U.S. 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. Call 303-735-5534 for more information. 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 which aliens themselves pay if they work illegally, this system makes it illegal for the Unviersity 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 satus 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. Social Security Numbers All visiting scholars who will be on the University's payroll must have a social security number. Scholars can apply for a social security number at the Social Security office, located at 4949 Pearl Street, Suite 101. Since a visiting scholar must have such a number to get on the payroll, there may be a delay in the start of your visitor's work. The Social Security office in Boulder suggests that the scholar wait at least 10-15 days after arrival in the U.S. before applying for a number. In order to be issued a number, the scholar must present his or her passport and immigration documents to the Social Security Administration officials, in addition to another form of photo identification. It usually takes about 10 days to get a social security number, although new procedures in place beginning September 1, 2002 may delay that by weeks. Scholars should make sure they bring enough money to cover their initial expenses while waiting for a social security number to be issued and to be put on payroll. Other Useful Information Scholars may find the following information useful in preparing to come to Boulder:
If you are earning wages from the University of Colorado at Boulder, you should contact Payroll and Benefits Services (http://www.cu.edu/pbs/) to schedule an appointment to discuss health/medical insurance options. If you are not earning income from the University, but are interested in medical insurance, please feel free to come to ISSS to take brochures from various companies offering medical insurance. Boulder Council for International Visitors The Boulder Council for International Visitors (BCIV) is an all volunteer organization whose mission is to promote social interaction between the citizens of Boulder and international visitors to the community. BCIV is the official international host for the City of Boulder. A letter from the Mayor of Boulder welcoming scholars to Boulder and describing the services of BCIV will be sent along with the visa papers of all visiting international scholars. International visitors can also e-mail BCIV.Disclaimer U.S. immigration laws are very complex. The information contained in these pages is designed specifically for scholars and the departments at the University of Colorado at Boulder; other individuals should seek assistance from immigration specialists. Immigration laws are constantly changing, and even though we will attempt to keep these files up-to-date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship, nor can it be construed as legal advice. Please meet with an adviser in International Student and Scholar Services before making applications or seeking benefits. |
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