ALIEN MANUAL - TRAVEL REIMBURSEMENT, SECTION G

G1.0 GENERAL INFORMATION

This section discusses the eligibility of certain classes of non-U.S. citizens to receive travel reimbursement payments from UCLA. The term "travel reimbursement" in this context includes payments made directly to the alien incurring the travel expenses and payments made to third parties (i.e. credit card companies, vendors, and campus recharges) on the alien’s behalf.

Whether or not an alien may receive reimbursement for travel expenses and subsistence expenses is governed by the Immigration and Nationality Act and regulations promulgated by the Immigration and Naturalization Service (INS). As a result, it is essential to determine the immigration status of any alien receiving payment from UCLA so that rules of the INS are met.

Failure to comply with these rules and regulations can result in the imposition of substantial fines and penalties by the INS. In addition, an institution which knowingly violates the provisions of the Immigration and Nationality Act may be debarred from receiving Federal contracts pursuant to President Clinton’s Executive Order 12989, dated February 13,1996.

To assist departments in fulfilling their responsibility to comply with these rules, and minimize their exposure to potential penalties and sanctions, the following guidelines have been developed for travel reimbursement payments to aliens. Please note that these guidelines should be considered prior to negotiating payment arrangements and requesting a reimbursement of travel expenses for aliens.

G2.0 GUIDELINES FOR TRAVEL REIMBURSEMENT

  1. Advise the alien prior to their arrival that they must obtain an immigration status from the INS, upon entering the United States, that will allow them to receive payments for travel expense reimbursements. Aliens should be advised that failure to obtain the proper immigration status will prevent UCLA from reimbursing their travel expenses.

An alien’s visa status is issued by the INS and will often be synonymous with an alien’s classification, provided the alien continues to satisfy the terms and conditions of his/her visa while remaining in the U.S. The visa status issued to the alien should be listed in the alien’s passport on INS Form I-94, Arrival/Departure Record, unless the alien is a permanent resident of the United States. Aliens who are permanent residents of the U.S. will be able to provide their INS Form I-551, Alien Registration receipt Card (a.k.a. the "green card"), or an INS issued I-551 stamp in their passport to substantiate their immigrant status. An exception to this general rule arises when aliens entering the U.S. are not required to obtain a visa under the "Visa Waiver Program". In this situation, the alien’s status will not equate to their visa classification, however, it will be designated on INS From I-94, at the time of entry into the U.S.

It is important to understand that a passport alone is not sufficient evidence to determine an alien’s immigration status. As a result, the passport should only be used in conjunction with the above referenced INS issued forms and stamp to ascertain an alien’s immigration status. In addition, departments should not assume that because an individual has previously been to the U.S. or is currently being reimbursed by another institution, that the individual is eligible for travel reimbursement.

It is the responsibility of each department to ensure that all aliens receiving travel reimbursement from UCLA originating in their departments (as well as other types on non-travel payments) possess the proper immigration status prior to requesting payment. If a department authorizes payment to an alien who arrives in the U.S. with an immigration status that prohibits the reimbursement of travel expenses, the department will be required to bear the financial burden for any resulting fines and penalties imposed by the INS, in addition to the financial impact of being debarred from receiving Federal contracts in accordance with President’s Executive Order. For these reasons, the need to communicate these requirements to the alien visitor prior to their arrival in the U.S. is critical. To eliminate possible miscommunications in this regard, it is preferable to communicate these requirements in writing in advance of the alien’s arrival in the U.S.

Request for Travel reimbursement:

  1. Have the alien complete a Statement of Citizenship and Federal tax Status (SOC) form upon arrival to the campus. This will assist the department in determining the alien’s immigration status as well as their federal Tax Status, prior to requesting payment. The Statement of Citizenship and Federal Tax Status is an internal UCLA form which must be forwarded to the Travel Office prior to the desired payment date. Attach the form and a copy of the I-94 to the travel voucher. There must be an original signature on the Statement of Citizenship form.

  2. Send the approved voucher to the Travel Office. The Travel Office will send the information to Payroll Services for review.

Remember that travel expenses reimbursed in lieu of receipts is reported as income and taxes are withheld.

G3.0 VISA CHARTS FOR TRAVEL REIMBURSEMENT

The two charts in this section should be used to determine if a non-citizen can be reimbursed for travel expenses by UCLA.  The determination of eligibility for travel reimbursement is based on the visa type or immigration status.  

G3.1 Visas Eligible for Travel Reimbursement

Aliens possessing an immigration visa or status of one of the following types may be reimbursed for travel and subsistence payments:

VISA
TYPE/STATUS

CLASSIFICATION

DOCUMENTATION

A-1/A-2*

 Diplomat or members of family. I-94 & Letter from the State dept.

B-1

 Visitor for temporary business I-94

B-2

 Visitor for pleasure, tourism I-94

F-1

 

 UCLA Student I-94 & I-20
Non-UCLA Student I-94, I-20 & EAD

H-1A, H-1B,H-2

 Temporary Worker I-94 & Approved Notice of Action. Sponsor = UCLA

J-1

 Exchange Visitor I-94 & DS-2019

J-2

 Alien spouse of J1 I-94 & EAD*

K-1

 Fiancée of an American Citizen EAD

K-2

 Child of Fiancée EAD

O-1

 Aliens with Extraordinary ability I-94 & approved Notice of Action

O-2

 Accompanying worker of an O-1 I-94 & approved Notice of Action

P-1

 Athlete internationally recognized I-94 & approved Notice of Action. Sponsor = UCLA

P-2

 Artists or Entertainers I-94 & approved Notice of Action. Sponsor = UCLA

P-3

 Aliens providing essential support to P1 and P2 visa holders I-94 & approved Notice of Action. Sponsor = UCLA

Greencard

 Permanent Resident Greencard

Refugee

 Refugee or approved Asylee I-94

Temp. Greencard

 Permanent Resident in process EAD

Conditional Greencard

 Marriage to Permanent Resident or Citizen EAD

TN

 Visitor from Canada or Mexico I-94

WB

 Waiver for  business I-94 or I-94W

WT

 Waiver for pleasure, tourism I-94 or I-94W

G3.2 Visas Ineligible for Travel Reimbursement

Visas NOT Eligible for Reimbursement - Aliens possessing an immigration visa or status of one of the following types may NOT receive any payment while in the United States. This includes reimbursement for travel and subsistence payments:

VISA TYPE/STATUS

CLASSIFICATION

DOCUMENTATION
  No visa or status obtained No documentation
F-2 Dependent of an F-1 visa holder I-94
H-4 Dependent of an H-1 visa holder I-94
O-3 Dependent of an O-1 or O-2 visa holder I-94
P-4 Dependent of an P-1, P-2, or P-3 visa holder I-94

Exceptions:

 G4.0 TRAVEL REIMBURSEMENT EXAMPLE

Film and Television would like to reimburse a Professor who attended a seminar at UCLA. The department would have Vinnie Visitor complete a Statement of Citizenship as follows. Please note that at this time, substantiated travel expense can be reimbursed and is not taxed. The visitor should only complete section A.

Statement of Citizenship - Travel Example (105433 bytes)

SECTION C. Exempt Individual Test.
  1. What is the primary purpose of your presence in the U.S. under your current visa status in 1997?
    2.
D2box1.gif (854 bytes) STUDENT ON F1 or J1 VISA (Answer questions below under "2. STUDENT" below.)
D2box1.gif (854 bytes) TEACHER, RESEARCHER, TRAINEE, POSTDOCTORAL FELLOW on J1 VISA. (Answer questions below under "3. TEACHER, RESEARCHER, TRAINEE, POSTDOCTORAL FELLOW".)
D2box1.gif (854 bytes) OTHER VISA TYPE AND/OR PURPOSE________________________________________________________________________
(If you answered "Other", skip to Section D, "Closer Connection Exception" below.)
  1. STUDENT (on F1 or J1 visa in 1997) only

    Take a look at the chart you completed in Section B, and answer the following questions.

_ _

 Excluding 1997, count the number of years during which you were present in the United States on an F1 or J1 visa for any part of  the calendar year.
Enter that number on the line to the left.

D2box1.gif (854 bytes)

 Check here if this number 5 or more years. Skip to Section D, "Closer Connection Exception".

D2box1.gif (854 bytes)

 Check here if this number is 4 or fewer years. YOU ARE A NONRESIDENT ALIEN FOR FEDERAL TAX PURPOSES. Skip to Section E, "Summary of Federal Tax Status" and check the box next to "Nonresident Alien for Federal Tax Purposes."
  1. TEACHER, RESEARCHER, TRAINEE, OR POSTDOCTORAL FELLOW (on J1 visa in 1997) only

Take a look at the chart you completed in Section B, and answer the following questions.

_ _ Excluding 1997, count the number of years during the past SIX years (1991-1996) during which you were present in the United States for any part of the calendar year as a teacher, researcher, trainee, student, or postdoctoral fellow on an F1 or J1 visa.
Enter that number on the line to the left.
D2box1.gif (854 bytes) Check here if this number is 2 or more years. Skip to Section D, "Closer Connection Exception".
D2box1.gif (854 bytes) Check here if this number is 1 year or no years. YOU ARE A NONRESIDENT ALIEN FOR FEDERAL TAX PURPOSES.  Please skip to Section E "Summary of Federal Tax Status" and check the box next to "Nonresident Alien for Tax Purposes."

SECTION D. Closer Connection Exception

Check the applicable box in response to the following three-part question:

Will you be in the U.S. for fewer than 183 days in 1997, AND do you pay income taxes in your country of residency, AND do you have a closer connection to that country than to the U.S.? (See instructions p. 3 for explanation of the term "closer connection" and an explanation of the required form, IRS Form 8840, required for those claiming a closer connection exception.)

D2box1.gif (854 bytes) YES If yes to all three of the questions, you must attach written verification of your closer connection on IRS Form 8840.

YOU ARE NONRESIDENT ALIEN FOR FEDERAL TAX PURPOSES. Skip to Section E, "Summary of Federal Tax Status" and check the box to "Nonresident Alien for Federal Tax Purposes."
D2box1.gif (854 bytes) NO If no to any one of the three, YOU ARE RESIDENT ALIEN FOR FEDERAL TAX PURPOSES. Skip to Section E, "Summary of Federal Tax Status" and check the box next to "Resident Alien for Federal Tax Purposes."

SECTION E. Summary of Federal Tax Status

Mark the appropriate status and attach a photocopy of INS Form I-94 ("Arrival and Departure Record") from inside your passport and your work authorization document(s) as required. See instructions.

D2box1.gif (854 bytes) Nonresident Alien for Federal Tax Purposes. (See instruction sheet for information on eligibility for tax treaty benefits.)

D2box1.gif (854 bytes)

 Resident Alien for Federal Tax Purposes. (See instructions for other qualifying exceptions to the substantial presence test.)

I declare under penalties of perjury that this statement, to the best of my knowledge, is true and correct.

        Vinnie Visitor                                                            
Signature

  10/10/96                          
Date

 
UCLA DEPARTMENTS Use Only:
Verified By:

_________________________

 Approved By:

______________________

 Future Res Date:

_____________________

 Dept Phone #

_____________________

G5.0 TRAVEL EXPENSE VOUCHER

This form is used to request reimbursement for travel expenses. When requesting reimbursement for non-residents, Section 8 (circled below) must be completed.

Travel Expense Voucher (159014 bytes)

G6.0 TRAVEL CHECKLIST

There are several steps that a department can take to facilitate the reimbursement of a nonresident visitors travel expense. The following is a checklist that can help to assure that all rules and regulations are followed as well as expedite the process.

Prior to Arrival to the United States
____ 1) Determine what the visitor will be doing for your department. You will have a better understanding of the visa status required to make that payment.
  • Services rendered as an employee - - A visa status that includes work authorization is required. (typical visa status at UCLA include: F1, J1 ,J2, H series, K1, K2, O series, P series, TN)
  • Services rendered as an independent contractor - - Again, a visa status that includes work authorization is required. (typical visa status at UCLA include: F1, J1 ,J2, H series, K1, K2, O series, P series, TN)
  • Travel Reimbursement only - A visa status that allows remuneration for travel expenses. (This would include the above visa status’s as well as B1 and WB)
____ 2) Determine the requirements to obtain the desired visa status
  • Visa type B1 has specific requirements which include a letter from UCLA indicating the purpose of the visit, the length of time of visit, and the amount of reimbursement to be received. These requirements can be obtained from the American Embassy or Consulate which has jurisdiction of the visitor’s permanent residence.
  • Visa types such as F1, J1, J2, H series, and P series may require some assistance from Office of International Students and Scholars to obtain. Always call that office to inquire about the process.
  • Visa type O series is currently being obtained by attorneys and OISS has given their approval to list UCLA as a petitioner.
  • The waiver business (WB) is available to visitors who are residences of countries participating in the waiver program. To qualify for this status the visitor:
    • Have a valid passport issued by a participating country and be a citizen and resident of that country
    • Be seeking entry into the U.S. for no more than 90 days
    • If entering by air or sea, have a round-trip ticket issued by a carrier that participates in the waiver program and arrive on that carrier. Travelers should consult carriers to insure that they participate in the waiver program
    • Have proof of financial solvency and hold a completed, signed visa waiver arrival/departure form (I-94W). These forms are available from the carrier, travel agents, and at land-border ports of entry
  • A letter from UCLA indicating the purpose of the visit, the length of visit, as well as UCLA’s intent to defray travel costs is very helpful
  • Visa Status TN has the following requirements:
    • Citizen of Canada:
      • A request of a TN status,
      • Documentation that establishes qualification for job (i.e. - copy of college degree),
      • A written job offer from a U.S. based employer. This must include a description of the job and the job must be listed on the NAFTA job series list,
      • A $50.00 fee (in U.S. dollars).
    • Citizen of Mexico:
      • The U.S. employer must file a Labor Condition application,
      • The employer must file an I-129 "Petition for Nonimmigrant Worker" with INS,
      • After the I-129 has been approved, the visitor must apply for a nonimmigrant visa at a U.S. Embassy or Consulate in Mexico.
____ 3) Communicate the requirements to the visitor
  • This should be done in a written form (i.e. letter, fax, email)
  • Send any required letters
After Arrival to the United States
____ 1) Verify visa status (This will be listed on the I-94 (arrival/departure) card)and insure that it is appropriate for the type of remuneration the department plans to provide to the visitor.
____ 2) Process the appropriate paperwork

G6.1 Travel Information Letter

The following is a sample letter that you may wish to use when inviting foreign individuals to UCLA. Please replace the red items with the appropriate information for your visitor.

January 12, 1998

 

Professor Bouregard
La Bonjusour
53950 Louverne
France

Dear Professor Bouregard:

We would like to invite you to participate in a conference entitled, The Challenge of Microhistory and its Macrohistorical Responses. This program will be coordinated by the UCLA Center for Seventeenth & Eighteenth Century Studies. The conference will take place at the Memorial Library, July 7, 1998.

UCLA would like to reimburse you for direct round-trip economy airfare and travel related costs. In order to be able to reimburse you for these expenses, you will need to enter the United States on a WB (waiver business) status.

Please present this letter, along with your passport and your return airline ticket to the Immigration Official upon your arrival to the United States. Please inform the Immigration Official that you are entering the Unites States on business to participate in an academic program and that you expect to be reimbursed by UCLA for your travel expenses. The Official should stamp your I-94 entry card with the WB designation.

Please be advised, UCLA will only be able to reimburse your travel expenses if you enter on the WB. You must insure that this visa status is indicated on the I-94 prior to leaving the Immigration Officer. If the WB is not designated on the I-94, UCLA will not be able to reimburse the travel expenses to you.

We look forward to your participation in what promises to be an exciting conference.

Sincerely,

 

Joe Payroll
Director

 

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