Incidental Outside Employment

Please note that the following information is meant to be used only by Florida State University faculty, staff, scholars, students and potential scholars and students of Florida State University and only in the context of international visits to FSU specifically. It is not intended to be used and should not be construed as general legal advice.

Federal law at 22 CFR 62.20 (g) states the following:

"Professors and research scholars may participate in occasional lectures and short-term consultations, unless disallowed by the sponsor [FSU, IIE]. Such lectures and consultations must be incidental to the exchange visitor's primary program activities. If wages or other remuneration are received by the exchange visitor for such activities, the exchange visitor must act as an independent contractor, as such term is defined in 8 CFR 274a.1(j), and the following criteria and procedures shall be satisfied:

  1. Criteria. The occasional lectures or short-term consultations shall:
    1. Be directly related to the objectives of the exchange visitor's program;
    2. Be incidental to the exchange visitor's primary program activities; and
    3. Not delay the completion date of the visitor's program."

This portion of the law allows J research scholars and professors to give lectures at conferences and receive honoraria, travel to other universities for short-term consultations and be reimbursed their expenses, and other one-time outside activities. This provision does not allow for the scholar to receive a regular salary from another institution or to otherwise be a paid employee of another institution. Scholars are not permitted to engage in regular adjunct teaching elsewhere or otherwise engage in research at another institution without transferring their J program to that institution.

The procedures for obtaining authorization for incidental employment are:
  1. Scholar provides the International Center an offer letter from the institution or organization hiring him or her for the lecture or consultation. The letter must include the following:
    1. Terms and conditions of the offer;
    2. Dates (beginning and ending) of the lecture or consultation;
    3. Number of hours involved;
    4. Field or subject involved;
    5. Amount of compensation; and
    6. A description of the activity.
  2. Scholar provides the International Center a letter from his or her FSU inviting faculty recommending the activity and explaining how it will enhance the scholar’s program.
  3. The International Center will evaluate the two letters provide a letter of approval for the activity and the payment.
  4. Scholar will provide the International Center’s approval letter to the institution or organization hiring them in order to receive payment.

The above should be done prior to the scholar providing services, in order to avoid the scholar falling temporarily out of legal immigration status due to unauthorized employment. If the scholar forgets to get approval for incidental employment until after services are provided or payment is rendered, there is a 120 day period in which the International Center may correct the scholar’s record and approve the work. The International Center attempts to keep scholars in legal immigration status by providing information to the scholars and departments regarding these requirements for incidental employment approval.