Nonresident Alien Procedures Checklist

1. A University Department sends a foreign visitor an invitation letter to verify commitment for speaking, teaching or other academic engagement; this letter should:

a) Request that the visitor confirm their immigration status/citizenship status, and;

b) Ask if visitor has a U.S. Social Security or Individual Taxpayer Identification Number (ITIN).

c) If the visitor is Canadian, remind them to obtain an I-94 card (and present a copy of the Notre Dame invitation letter to INS officials as support when requesting the I-94 card) and request B-1 or WB visa status when entering the US.

2. If traveling on B-1, B-2, W-B, or W-T status:

a) Department should verify with the visitor that they will meet the two requirements outlined on the "Compliance Statement for Payments to Visitors in Business or Tourist Status" form; B-1 or WB visitors may be reimbursed for expenses (but not paid honorarium) without meeting these requirements and completing this form, but all other payments must comply;

b) Contact the Tax Department (Becky Laskowski (574) 631-7051) to determine if treaty benefits are available to avoid income tax withholding; if yes, discuss treaty filing process;

c) Upon arrival of the visitor, obtain a copy of I-94 card (and any other required documentation of visa status), have the visitor and Department head complete and sign the "Compliance Statement", prepare treaty documents (if applicable), and attach all elements (including the "Compliance Statement") to the completed Non Employee Payment for Services Form (instructions available) and forward to the Controller’s Office for processing.

d. File for Individual Taxpayer Identification Number (ITIN) in the presence of University "acceptance agent" if necessary.

3. If traveling on J-1 or H1-B status under Notre Dame’s sponsorship:

a) Department should contact Deborah Gabaree in the General Counsel’s Office to obtain appropriate paperwork (including DS-2019 and discussion of health insurance requirements) for the visitor;

b) Visitor takes DS-2019 to US Embassy or Consulate with their passport to obtain visa stamp;

c) Contact Tax Department (Becky Laskowski (574) 631-7051) to determine if treaty benefits are available to avoid income tax withholding (if yes, discuss treaty filing process);

d) Schedule a time immediately after traveler’s arrival to obtain a copy of I-94 card and other appropriate paperwork, sign tax treaty forms (if necessary), and arrange meetings with Mary Buday in Human Resources (postdoctoral research associates should also contact Charlene Bollman in the Graduate School). Human Resources will determine that visitor’s health insurance coverage meets INS requirements, or offer appropriate health carrier options.

4. If traveling on a J-1 or H1-B visa sponsored by another employer:

a) Department should contact Deborah Gabaree in the General Counsel’s Office if H1-B visitor to petition INS for approval prior to employment, and then follow appropriate steps in 3. above;

b) For a J-1 visitor coming for a lecture, conference, or other non-employment situation, Department must contact General Counsel’s Office to request a letter of authorization from their sponsoring employer to visit Notre Dame;

c) Contact Tax Department (Becky Laskowski (574) 631-7051) to determine if treaty benefits are available to avoid income tax withholding; if yes, discuss treaty filing process;

d) Schedule time immediately after traveler’s arrival to obtain copies of appropriate paperwork and sign tax treaty forms, if necessary.

5. Determine that the traveler has appropriate Social Security or Individual Taxpayer Identification Number (ITIN) prior to arrival. If traveler's visit is short term and only requires an ITIN, schedule an appointment with Tax Department (Becky Laskowski (574) 631-7051) to complete Form W-7 with the visitor while they are present on campus.