Alien - Payment Eligibility Chart by Immigration Status

Alien - Payment Eligibility Chart by Immigration Status

February 25, 2014

Eligibility to receive a payment for services performed in the United States, or in support of academic studies located within the United States, is based upon:

  • an individual’s immigration status,
  • the type of payment to be received, and in some cases,
  • the visitor’s primary purpose for traveling to the United States 

Immigration Status Payment Eligibility Chart

The chart below lists by immigration status the types of payments that can be paid to individuals visiting the United States. Also provided on this chart are the documentation requirements for each visa status.

Visa TypesDefinitions of VisaEmploymentIndependent Personal ServicesTravel Reimbursement
A-1 Foreign Diplomat Personnel

 

Spouse or Dependent

Spouse or unmarried dependent must have prior work clearance obtained from the Department of State Protocol Division Spouse or unmarried dependent must have prior work clearance obtained from the Department of State Protocol Division Permitted to Diplomat as long as no profit made.
A-2 Employee of a foreign government Principal A-2 visa holder may be employed only by a foreign government entity. May be employed only by foreign government entity Not allowed at UCLA (No business purpose  to reimburse expenses)
A-3 Servant of A1 May be employed only by foreign government entity May be employed only by foreign government entity Not allowed at UCLA (No business purpose to reimburse expenses)
B-1 Visitors for temporary business, cannot perform any productive services Not Allowed per visa status Permitted if:
  • Activity does not exceed 9 days at one institution.
  • Visa holder cannot accept payment from more than 5 institutions in a 6 month period.
Work-related expenses can be reimbursed with substantiation of visa status
B-2 Visitors for Pleasure or a Prospective Student Not Allowed per visa status Permitted if:
  • Activity does not exceed 9 days at one institution.
  • Visa holder cannot accept payment from more than 5 institutions in a 6 month period.
Permitted if:
  • Activity does not exceed 9 days at one institution.
  • Visa holder cannot accept payment from more than 5 institutions in a 6 month period.
C-1 Visitors in transit Not permitted to work in the U.S. under any circumstances. Not permitted to work in the U.S. under any circumstances. Not allowed at UCLA (No business purpose  to reimburse expenses)
D-1 Foreign crewman Permitted to be employed in the U.S. only by the vessel or aircraft.  Permitted to be employed in the U.S. only by the vessel or aircraft. Not allowed at UCLA (No business purpose to reimburse expenses)

E-1

Treaty Traders and families

Not allowed at UCLA (Non sponsor)

Not allowed at UCLA (Non sponsor Not allowed at UCLA (No business purpose  to reimburse expenses)

E-2

Treaty Investor

Allowed with work authorization (EAD Card).

Allowed with work authorization Work-related expenses can be reimbursed with substantiation of visa status

E-3

Australians

Treat Specialty Worker

Allowed with work authorization (EAD Card).

Allowed with work authorization Work-related expenses can be reimbursed with substantiation of visa status
F-1 Foreign Students On Campus 
Generally must be a UCLA student.  Exceptions:
1. Registered UNEX student. 
2. Working during summer with plan to return to school in fall.
3. On approved practical training.
4. On approved leave with OISS.
5. Registered at other campus with approved work authorization (EAD).

Limited to 50% or less exceptions

1. Working during summer.
2. Working on practical training.

Off Campus
Sponsor must complete a wage & labor document & an EAD is issued.
Not allowed at UCLA per visa status Work-related expenses can be reimbursed with substantiation of visa status
F-2 Dependents of foreign students Not permitted to be employed or receive compensation from any U.S. source Not permitted to be employed or receive compensation from any U.S. source Not allowed at UCLA (No business purpose to reimburse any expense)
G-1, G-2, G-3, G-4, G5 Employees of international organizations and members of their immediate family Not allowed at UCLA (Non sponsor) Not allowed at UCLA (Non sponsor) Business related

expenses can be reimbursed with substantiation of visa

H-1 A Nurses Allowed with Notice of Action Not allowed at UCLA Work-related expenses can be reimbursed with substantiation of visa status Work
H-1B Temporary professional workers in a specialty occupation UCLA listed as petitioner Not allowed at UCLA Work-related expenses can be reimbursed with substantiation of visa status
H-2 A Temporary Agriculture workers whose skills are needed in the U.S. UCLA listed as petitioner Not allowed at UCLA Not allowed at UCLA (No business purpose to reimburse any expense)
H-3 Trainees UCLA listed as petitioner. Not allowed at UCLA Not allowed at UCLA (No business purpose  to reimburse any expense)
H-4 Dependents of H-1, H-2, H-3 Not allowed at UCLA (Non sponsor) Not allowed at UCLA Not allowed at UCLA (No business purpose  to reimburse any expense)
I-1 Journalists, reps. of media & their dependents Not allowed at UCLA (Non sponsor) Not allowed at UCLA Not allowed at UCLA (No business purpose  to reimburse any expense)
J-1 Students, Researched/Professors, or Short-term Scholars in the U.S. under an Exchange Visitor Program Allowed to work if UCLA sponsor indicated on DS-2019.

Non UCLA sponsor must have written permission from Responsible Officer sponsoring the J-1 to receive funds from UCLA

Allowed to work if UCLA sponsor indicated on DS-2019.

Non UCLA sponsor must have written permission from Responsible Officer sponsoring the J-1 to receive funds from UCLA

Work-related expenses can be reimbursed with substantiation of visa status
J-2 Dependent of J-1’s Eligible to apply to INS for work permission. With EAD issued by INS, may work for any employer. With EAD issued by INS, may work for any employer Work-related expenses can be reimbursed with substantiation of visa status
K-1 Fiancé (e) of American Citizen Allowed with Approved work authorization. With EAD issued by INS, may work for any employer Work-related expenses can be reimbursed with substantiation of visa status
K-2 Child of Fiancé (e) of American Citizen Allowed with Approved work authorization. With EAD issued by INS, may work for any employer Work-related expenses can be reimbursed with substantiation of visa status
L-1 Intra-company transfers, i.e., managers who have worked abroad for branch of U.S. firm Not allowed at UCLA (Non sponsor)  Not allowed at UCLA (Non sponsor)  Not allowed at UCLA (No business purpose  to reimburse any expense
L-2 Dependents of L-1’s L-2 dependents are not permitted to work or receive payment from any U.S. source. L-2 dependents are not permitted to work or receive payment from any U.S. source. Not allowed at UCLA (No business purpose  to reimburse any expense)
M-1 Students at Vocational schools Allowed to work for six months after completion of studies shown on I-20. Not allowed at UCLA per visa status Not allowed at UCLA (No business purpose  to reimburse any expense)
M-2 Dependents of M-1’s Not permitted to be employed or receive compensation from any U.S. source Not permitted to be employed or receive compensation from any U.S. source Not allowed at UCLA (No business purpose  to reimburse any expense)
N-8, N-9 Parents or dependent child of individual who has been granted Perm. Residency under special case Dependents are eligible to apply to INS for work authorization. Can be employed with EAD. Dependents are eligible to apply to INS for work authorization. Can be employed with EAD Work-related expenses can be reimbursed with substantiation of visa status
NATO Aliens from NATO member countries in the U.S. under sponsorship by NATO. Not Allowed for NATO 1-6 status.  They can only be employed by NATO.
NATO 7 can be employed with EAD
Allowed for NATO 7 category only if EAD provided For NATO 7: Work-related expenses can be reimbursed with substantiation of visa status
O-1 Extraordinary ability in science, education, business, athletics or the arts. Allowed for 3 years (Renewal indefinite). UCLA must be petitioner on Notice of Action. May be employed and compensated only by the petitioning employer or agency through whom the status was obtained Work-related expenses can be reimbursed with substantiation of visa status
O-2 Accompanying worker Work authorized for sponsor of O-1. Work authorized for sponsor of O-1. Work authorized for sponsor of O-1.
O-3 Dependents of O-1 Not permitted to be employed or receive compensation from any U.S. source  Not permitted to be employed or receive compensation from any U.S. source Not allowed at UCLA (No business purpose  to reimburse any expense)
P-1 Internationally recognized Athlete or Entertainment Group. Allowed to work if UCLA is sponsor on Notice of Action. Allowed to work if UCLA is sponsor on Notice of Action.  If a member of a group, may not perform services apart from the entertainment group. Work-related expenses can be reimbursed with substantiation of visa status
P-2 Artist or internationally recognized Entertainer Allowed to work if UCLA is sponsor on Notice of Action. Allowed to work if UCLA is sponsor on Notice of Action.   Work-related expenses can be reimbursed with substantiation of visa status
P-3 Alien providing essential support to P1 or P2. Allowed to work if UCLA is sponsor on Notice of Action. Allowed to work if UCLA is sponsor on Notice of Action.   Work-related expenses can be reimbursed with substantiation of visa status
P-4 Dependents Not permitted to be employed or receive compensation from any U.S. source Not permitted to be employed or receive compensation from any U.S. source Not Allowed
Q-1 Culture Exchange Program May be employed and compensated only by the religious organization through which status was obtained.  Currently, UCLA is not a sponsor of this type of status May be employed and compensated only by the religious organization through which status was obtained.  Currently, UCLA is not a sponsor of this type of status Work-related expenses can be reimbursed with substantiation of visa status

 

Currently, UCLA is not a sponsor of this type of status

R-1 Religious exchange May be employed and compensated only by the religious organization through which status was obtained.  Currently, UCLA is not a sponsor of this type of status May be employed and compensated only by the religious organization through which status was obtained.  Currently, UCLA is not a sponsor of this type of status Work-related expenses can be reimbursed with substantiation of visa status

 

Currently, UCLA is not a sponsor of this type of status

R-2 Dependents Not permitted to be employed or receive compensation from any U.S. source Not permitted to be employed or receive compensation from any U.S. source Not Allowed
S-1 Criminal Witnesses Not allowed at UCLA (Non sponsor)  Not allowed at UCLA (Non sponsor) Not Allowed
TD Dependents of TN. Not permitted to be employed or receive compensation from any U.S. source Not permitted to be employed or receive compensation from any U.S. source Not permitted to be employed or receive compensation from any U.S. source
TN Individuals from Mexico or Canada - NAFTA. Allowed as long as UCLA is listed as the petitioner on Notice of Action or I-94.   Not allowed at UCLA per visa status Not allowed at UCLA (No business purpose  to reimburse any expense)
WB (Business) Visa Waiver Program - (see note below for participating countries) can enter the U.S. for: 90 days without "formal visa". Visa obtained at port of entry. Not Allowed Permitted if:
  • Activity does not exceed 9 days at one institution.
  • Visa holder cannot accept payment from more than 5 institutions in a 6 month period.
Business-related expenses can be reimbursed with substantiation of visa status
WT (Tourist) Visa Waiver Program - See Above. Not Allowed Permitted if:
  • Activity does not exceed 9 days at one institution.
  • Visa holder cannot accept payment from more than 5 institutions in a 6 month period.
Permitted if:
  • Activity does not exceed 9 days at one institution.
  • Visa holder cannot accept payment from more than 5 institutions in a 6 month period.
Asylum Applicants Those who have filed for asylum. Allowed with work authorization (EAD Card). Allowed with work authorization Work-related expenses can be reimbursed with substantiation of visa status
Asylees, Refugees Those who have been granted asylum. Allowed with work authorization (EAD Card). Allowed with work authorization Work-related expenses can be reimbursed with substantiation of visa status
Pending Immigrants Those who have applied for adjustment to Immigrant Status in the U.S. Allowed with work authorization (EAD Card). Allowed with work authorization Work-related expenses can be reimbursed with substantiation of visa status
Immigrants Those who have been granted permanent residence in the U.S. Allowed with an  I-551- "Green Card" or an I-551stamp on the passport. Allowed with work authorization Work-related expenses can be reimbursed with substantiation of visa status
Temporary Residents Those who have been approved for legalization in the U.S. after having been here in illegal status for 5 or more years. Allowed with work authorization (EAD Card). Allowed with work authorization (EAD Card). Work-related expenses can be reimbursed with substantiation of visa status
Conditional Permanent Resident Those who have applied for Immigrant Status through marriage to an American Citizen or Permanent Resident of the U.S. Allowed with work authorization (EAD Card). Allowed with work authorization (EAD Card). Work-related expenses can be reimbursed with substantiation of visa status
Public Interest Parole (PIP) An alien paroled into the U.S. temporarily for emergency purposes or purposes deemed strictly in the public interest. Allowed with work authorization (EAD Card). Allowed with work authorization (EAD Card). Work-related expenses can be reimbursed with substantiation of visa status
Temporary Protected Status (TPS) An alien who has applied for temporary protected status. Allowed with work authorization (EAD Card). Allowed with work authorization (EAD Card). Work-related expenses can be reimbursed with substantiation of visa status
Border Crossing Card A classification (BBBCC) issued to border country residents to enter the U.S. for a specific amount of time. Not Allowed Treated similar to B-1. Work-related expenses can be reimbursed with substantiation of visa status
Undocumented Aliens Those who enter the U.S. illegally or who lost legal status and are not eligible for legalization. Not permitted to be employed or receive compensation from any U.S. source Not permitted to be employed or receive compensation from any U.S. source Not permitted to be employed or receive compensation from any U.S. source
Note: Countries participating in the waiver program: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, United Kingdom and Uruguay.