Incidental Employment
While you are a J-1 scholar, you may be invited to give guest lectures or consultations about your research or teaching program at SIUE. In the immigration world, incidental employment is the only option for J-1 scholars who wish to engage in such activities for which they might receive something in return or a benefit.
What Constitutes Payment and Employment?
If a J-1 scholar provides a service (such as giving a presentation or a consultation) and receives anything in return (like cash in hand, an honorarium, free lodging, free car rental, free meals, free airfare, repayment of expenses, etc.), this can be seen as payment for services rendered.
Scholars who receive funding or payment can be seen as independent contractors and must be aware of tax reporting and laws. Completing an I-9 or other forms may be necessary.
What Does Incidental Mean?
Employment that is incidental embodies the concept of occasional, single, infrequent events. You may take part in lectures and consultations if they do not happen in an ongoing manner or interfere with your SIUE program, and are pre-approved by your host and International Advisor.
Eligibility
To meet the criteria set by federal law, occasional lectures or short-term consultations must:
- Be directly related to the objectives of the exchange visitor’s original program;
- Be incidental to the scholar’s primary program activities;
- Not interrupt or delay the completion date of the visitor’s program;
- Be approved by the scholar's host department;
- Be approved by your international advisor before engaging in the activity; and
- Be documented in SEVIS.
Unauthorized Employment
If you do not receive prior written permission from your International Advisor before participating in incidental employment, it will be seen as engaging in illegal and unauthorized employment. This is a serious violation of your visa status and may result in termination of your SEVIS record.