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VISA an Indian visitor requires to do a paid speaking engagement in the US

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  • VISA an Indian visitor requires to do a paid speaking engagement in the US

    Have any of you in the US hired a speaker to fly in from India to do a paid speaking engagement? If you have, what sort of a VISA did the Indian have?

    A US company is in consultation with me to take up on a paid, motivational speaking assignment, but I need a VISA first that allows me to accept remuneration for work.

    I'm wondering what sort of a VISA I would need. I am asking other places as well, but I thought there'd be people who've had similar experiences on this forum -- speakers and employers who have hired them -- and they would be a in a position to answer my question.

    What sort of a VISA is required for an Indian to visit the US to do a paid speaking engagement?

  • #2
    From the "U.S. Department of State Foreign Affairs Manual Volume 9 - Visas":

    9 FAM 41.31 N11.1 Incidental Expenses or Remuneration
    (CT:VISA-701; 02-15-2005)
    A nonimmigrant in B-1 status may not receive a salary from a U.S. source for services rendered in connection with his or her activities in the United States. A U.S. source, however, may provide the alien with an expense allowance or reimbursement for expenses incidental to the temporary stay. Incidental expenses may not exceed the actual reasonable expenses the alien will incur in traveling to and from the event, together with living expenses the alien reasonably can be expected to incur for meals, lodging, laundry, and other basic services.

    AND

    9 FAM 41.31 N11.2 Honorarium Payment
    (CT:VISA-1034; 09-24-2008)
    INA 212(q) provides that a B-1 nonimmigrant may accept an honorarium payment and associated incidental expenses for usual academic activities (which can include lecturing, guest teaching, or performing in an academic sponsored festival) if:
    (1) The activities last no longer than nine days at any single institution or organization;
    (2) Payment is offered by an institution or organization described in INA 212(q);
    (3) The honorarium is for services conducted for the benefit of the institution or entity; and
    (4) The alien has not accepted such payment or expenses from more than five institutions or organizations over the last six months.

    But there's also the following:

    Speaker/Lecturer: Individuals travelling to the United States in connection with a speaking engagement may apply for a B-1 visa provided there is no remuneration from a U.S. source, other than expenses incidental to the visit.

    Speakers/lectures who will receive an honorarium in addition to incidental expenses may still be eligible for the B-1 visa provided they satisfy the following conditions:

    The activities will last no longer than nine days at a single institution
    The institution is a nonprofit research organization or a governmental research organization, or an institution of higher education, or a related or affiliated nonprofit entity
    Such activities are conducted for the benefit of the institution or entity
    The speaker/lecturer has not accepted payment or expenses from five such institutions during the previous six month period

    If the proposed activities are not as described, an exchange visitor (J-1) or temporary work visa will be required.

    So based on what you state here (you will be paid, and "employer" would be a private company), a B1 visa doesn't look appropriate for you.

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