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Smith College has been designated by the Department of State and USIA as a sponsor of the J-1 Exchange Visitor Program. The purpose of this program is to promote international education exchanges and collaboration among universities around the world. Under this program the College is permitted to sponsor visitors in the following categories: professor, research scholar, short-term scholar or student.
Certain criteria must be met in order for the college to sponsor a visitor in any one of the categories mentioned above. This office will make a decision on the appropriate category by reviewing the official appointment or invitation letter issued by the Office of the Provost/Dean of Faculty and will issue the visa application form DS2019.
All J-1 program participants are required to pursue the objectives stated in the DS2019 form which is based on their appointment letters from Smith.
For new incoming J-1-Professor/research scholars: Participants are subject to the following conditions: 1) participant may be in a tenure-track position as long as s/he is not a candidate for tenure, 2) participant has not been physically present in the U.S. in any J status for more than 6 months of the previous 12 months. In most cases J-1 holders may not accept paid employment outside Smith College unless it is an integral part of the program described in form DS2019
Extensions for Professor/research scholars: Initial programs for this category must not exceed 3 years. Extensions of up to 6 months are permitted for the purpose of completing a specific project or research activity.
Transfers: Professors/research scholars may transfer from or to Smith College if the purpose of the transfer is to complete the initial objective for which they were admitted, provided they remain in the same J category. Permission to transfer is given by the sponsoring institution.
Short-term Scholar: This category is used for faculty who are invited to teach and/or conduct research for a period of (6) months or less. No extensions are permitted under this category.
CANADA & MEXICO
TN Visa
The TN program is part of the NAFTA agreement between the United States, Canada and Mexico and it allows citizens of those countries to be admitted to the U.S. to engage in paid employment at a professional level in certain fields. TN visa may be extended indefinitely in one-year increments. Please note: The application procedure for TN status for Mexicans is similar to H-1b processing and classification and may take much longer.
The procedures for Canadian citizens for initial TN visa application as well as extensions are done at the border/airport at the time of entry to the U.S. The spouse and unmarried children under 21 of TN visa holders are eligible for TD status, however they are NOT permitted to engage in any employment.
Accompanying Family Members of J-1 Visa holders: Spouses and unmarried minor children (under the age of 21) of an exchange visitor are issued J-2 visas. The primary holder of the J-1 visa must show evidence of adequate funding for the support of the dependent children and spouse. J-2 visa holders may apply to BCIS for work permission after arriving in the United States.
Mandatory Health Insurance: All exchange visitors and their dependents must have health insurance coverage for illness and accidents during the entire period of time they are on the J visas. Smith College will supplement any private or governmental insurance policy for the primary J-1 visa holder with a U.S. insurance policy during their stay at Smith. Insurance coverage for dependents is the responsibility of the primary J-1 holder.
Please Note: It is not possible to change from one category of the J-1 visa to another category within the United States.
SHORT TERM VISITS
B-Category Visas
The B-1 visa category is for visitors coming to the United States for short-term visits for business and the B-2 is for short-term visits for pleasure. The visa is often issued as B-1/B-2 to most applicants and is usually for up to 90 days. There is no paid employment under this category, although it may be possible to reimburse the visitor for travel expenses or pay an honorarium. This particular visa is appropriate for foreign faculty who are visiting Smith College for several days but less then a total of 9 days. They may engage in a symposium, attend a conference or give several lectures.
H-1b Visa (specialty Occupations/Faculty Appointments)
Departments who are hiring foreign faculty currently in the U.S, or are interested in changing the status for a certain faculty member to extend their appointment, should consult with the office for International Students & Scholars to determine if the position is eligible for H-1b status. For permanent appointments of faculty and researchers, or for tenure-track faculty members, the H-1b visa status is the most appropriate.
The college provides a combination of grant and loan assistance to faculty members who are applying for H-1b visa status. All applications and processing for this type of visa is currently handled by the Immigration Law Offices of Curran & Berger Associates in Northampton.
O-1 Visa (Workers of Extraordinary Ability)
This particular type of visa is reserved for individuals who have a world-wide reputation of scholarly work and research. The O-1 visas are employer specific which means that in most cases they are employed by the institution which issues the O-1 visa much like the H-1b. They cannot be paid honoraria nor can they be reimbursed for expenses by another institution or employer. In some cases O-1 visas are issued to persons in the arts who are sponsored by an agent or agency through which they can act as independent contractors. They may engage in performances and other incidental work that relates to the main purpose of the O-1 visa, and therefore be eligible to receive payment.
TAXES
All faculty and researchers at Smith who hold a non-immigrant visa are subject to U.S. tax withholding. The amount of withholding and any tax treaty benefits are calculated by the Payroll Office. Filing of taxes is the responsibility of each employee and must be done by April 15th of each year for the previous tax-year. More information on taxes may be obtained at the Payroll Office in College Hall.
IMPORTANT RESOURCES
Provost/Dean of Faculty Office: 413-585-3000
Appointment letters, re-appointments, salary questions, faculty housing
Payroll and Disbursement: 413-585-2206
Taxes, paychecks, treaties, W-2
Human Resources: 413-585-2260
Appointment letters, I-9 forms, employee benefits
Public Safety: 413-585-2490
Campus housing, safety issues
Office for International Students and Faculty: 413-585-4943
Visas, immigration law, foreign travel, health insurance, re-appointments, dependent visas.
Hrayr Tamzarian, Associate Dean
Clark Hall 303
Fax: 413-585-4906
Email: htamzarian@smith.edu
FAQ- Frequently Asked Questions
Q- We have a new faculty member coming to our department for next semester/year and we want to know what to do. Her/his address is in a foreign country.
A- The Office for International Students and Scholars will receive a copy of the appointment letter from the Office of the Provost and will follow-up with the incoming faculty member. An FNIF will be mailed to them and the appropriate visa will be issued accordingly. You may also call our office for clarification and give us an e-mail address of the incoming faculty member. This way we will contact her/him at the earliest possible time and process visa documents if needed.
Q- We have a lecturer coming next month to our department; I think s/he is a foreign citizen but I am not sure, what do I have to do?
A- Please ask the faculty sponsor in your department if you can send the FNIF (Foreign National Information Form) to the guest lecturer. If they are in the U.S., then they should return the form directly to Payroll Office. If they are currently abroad, then they should return it to the Office of International Students & Scholars in order for us to issue the appropriate visa for them to enter the U.S. We will forward a copy of the FNIF to the Payroll Office.
Q- We had a guest lecturer today and s/he was promised an honoraria. There was no prior arrangement made by anyone.
A- This person would most likely not be paid the same day if they have not completed any forms prior to their arrival. Honoraria, stipends, etc. will have to be sent to the guest lecturer at a later time. S/he must go to the Payroll Office in order to complete the FNIF and other tax forms. If that is impossible, then please make copies of all their travel papers such as passports, Social Security Card (if they have one), EAD card (Employment Authorization Document, if they have one), I-94 form and submit them to the Payroll Office on their behalf.
Q- There are several professors coming to a conference at Smith. Some of them are from another country. They are being paid a small stipend and will live on-campus. Can we pay them? Can we reimburse them for travel expenses?
A- Please have the conference chair contact the Office for International Students and Scholars for advice. There are different visa categories that would allow them to get honoraria and be reimbursed for expenses depending on the length of their stay. Please allow as much time as possible for visa processing for those participants coming from another country.
Q- Is honoraria paid to an international guest lecturer taxed ?
A- Yes there is a withholding tax of 30% for stipends and honoraria. If the foreign visitor is from a tax treaty country, then s/he may complete form 8233 to take advantage of the treaty, provided that they have a SSI number or ITIN number. Tax treaties are very complicated and only the Payroll Office can determine if the individual is qualified for a treaty benefit at the time of payment.
Q-What happens if someone does not have an SSI number and they are only here for a short time? Or have a tourist visa which does not qualify them to apply? Can that individual get paid without an SSI number?
A- The Payroll Office is authorized to issue an ITIN (Individual taxpayer Identification Number) to individuals who do not qualify for a Social Security number. This number is then used in lieu if the SSI number.
Q- I think I have a fair understanding of the foreign visitor visa issues, but it seems that each faculty visitor has a different situation and there are always problems. Who can I call?
A- All matters pertaining to immigration, visas, travel and entry to the U.S. should be directed to the Office for International Students & Scholars. Matters dealing with payment, treaty countries, SSI numbers, etc., should be directed to the Payroll Office.
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