J-1 Scholar Incidental Employment
22 C.F.R. § 62.20(g)
Professors and research scholars may participate in occasional lectures and short-term consultations, if authorized to do so by his or her sponsor. Such lectures and consultations must be incidental to the exchange visitor's primary program activities. If wages or other remuneration are received by the exchange visitor for such activities, the exchange visitor must act as an independent contractor as such term is defined in 8 C.F.R. § 274a.1(j), and the following criteria and procedures must be satisfied:
Criteria for authorizing short-term consultations and lecture activity
The term occasional embodies the concept of single events rather than an ongoing activity. To ensure that "occasional lectures or short-term consultations" do not interfere with and are in keeping with the activities of the exchange visitor's program, they must:
22 C.F.R. § 62.20(g)(1)
(1) The occasional lectures or short-term consultations must:
(i) Be directly related to the objectives of the exchange visitor's program;
(ii) Be incidental to the exchange visitor's primary program activities;
(iii) Not delay the completion date of the visitor's program; and
8 C.F.R. § 274a.1(j) defines the term independent contractor for purposes of completing Form I-9 (Employers do not have to complete Form I-9 when they use the services of independent contractors. The exchange visitor regulations make use of the same definition, but for purposes of describing the nature of the employment relationship required for approval to engage in occasional lectures or short-term consultations under 22 C.F.R. § 62.20(g) . The independent contractor requirement is applicable only to authorizations given under § 62.20(g), and does not apply to relationships with organizations listed on Form DS-2019.
- Occasional lectures or consultations must be approved in advance and in writing by ISSS
- The lectures or consultations must be documented in SEVIS [22 C.F.R. § 62.20(g)(1)(iv) ]
- DOS says that this includes updating the SEVIS record by adding a new Site of Activity with the location of the lecture or consultation
- If wages or other remuneration are involved the exchange visitor must present to ISSS: [22 C.F.R. § 62.20(g)(2)(i) ]
- (A) A letter from the offeror setting forth the terms and conditions of the offer to lecture or consult including the duration, number of hours, field or subject, amount of compensation, and description of such activity; and
- (B) A letter from his or her department head or supervisor recommending such activity and explaining how it would enhance the exchange visitor's program.
- The RO must review these letters and "make a written determination whether such activity is warranted, will not interrupt the exchange visitor's original objective, and satisfies the criteria set forth in section (g)(1) of this paragraph." 22 C.F.R. §62.20(g)(2)(ii) ]
