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SPECIAL EXCEPTION FOR B-1, B-2, WB, WT ("9-5-6" RULE)

Although the Immigration and Naturalization Service (INS) has yet to publish regulations allowing for implementation of the special provisions of the American Competitiveness and Workforce Improvement Act (ACWIA), it has announced that international visitors may be admitted under Section 431, pending final regulations.

Short-term visitors holding B-1 or B-2 visas and visitors arriving from the Visa Waiver Pilot Program countries, may accept reimbursement of incidental expenses under the following conditions:

- for "usual academic activity or activities" involving visits of 9 days or less at Penn State; and the individual has accepted such payment from no more than 5 educational or research institutions, in the previous 6 month period.

If you have an international visitor who may qualify under the "9-5-6" special exception, he/she will be required to sign a certification statement acknowledging compliance with Section 431 of ACWIA. The VISIT form will be revised to contain the "Certification of Academic Activity" attestation.

Additionally, a copy of the Arrival/Departure card (I-94), and all receipts should be enclosed with the expense reimbursement request forwarded to Accounting Operations.

In the case of short-term international scholars receiving an honorarium payment, a Social Security or individual tax identification number is required - no exceptions! Therefore, unless you can verify that a potential "9-5-6" international visitor ALREADY has a U.S. Social Security number (or ITIN), he/she will need to obtain J-1 short-term Scholar Status (STS). The J-1 (STS) visa status entitles the holder to obtain a U.S. Social Security number. (Refer to the "Inviting a Visiting Scholar Worksheet" for instructions.)

The INS "9-5-6" implementation announcement is indeed welcome news for the academic community; however, please bear in mind it is an extremely limited exception. All laws and regulations regarding payments and salary remain unchanged, with this one exception for brief visitors here for "usual academic activities," such as a speech, conference attendance, etc.

This page is maintained by Myra Bowling mlb1@psu.edu
Eberly College of Science, Office of Human Resources, 512 Thomas Building, University Park, PA 16802

This page was last updated on 12 June 2003

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