Stipends
The University of Oregon International Student & Scholar Services has collaborated with Business Affairs Tax Services and General Counsel to clarify the differences between work hours and stipends.
How many hours are international students allowed to work?
International student employees are advised to carefully monitor their weekly work hours in order that they do not exceed 20 hours per week when classes are in session and up to 40 hours a week when classes are not in session. If International Students work over 20 hours per week, they violate the regulations of their legal status which results in their loss of the right to work in the United States.
If a student employee has multiple on-campus jobs, the total hours worked for all jobs cannot exceed 20 hours a week while school is in session.
A student may not choose to “volunteer” to do a job without pay if the position would otherwise be paid to avoid exceeding this limit.
What is the difference between work hours and stipends?
Work hours is time spent as an employee in the performance of specific tasks and duties as outlined by an employer (the UO). Payment is compensation for work and the completion of specific services within a specific time.
A stipend payment is not compensation for volunteer work. It is a flat payment, regardless of the time committed to a non-employment/vounteer role. A stipend does not track hours worked.
Can international student who work 20 hours per week also receive a stipend?
YES! Stipends do not contribute to the total work hours per week maximum. This includes Graduate Employees.
How do I check if my employment meets my visa requirements?
Students and scholars who are visa holders are responsible for making sure on-campus employment meets the requirements of the government for on-campus work authorization and should consult with International Student and Scholar Services -ISSS prior to accepting any positions for which they will receive payment. General information regarding international student employment and resources can be found on the F-1 Employment webpage.
What is a stipend?
While the term stipend may be used in a variety of ways, for the purposes of this subject matter, a stipend is student aid, scholarship or fellowship, at a flat rate (which may be broken up into multiple smaller payments over a period of time) regardless of time committed to a non-employment/volunteer role.
The payment is not compensation for past, current, or future work, but provides subsistence support or to defray expenses incurred related to fulfilling the duties of the role, and therefore an I-9 form is not be required to set-up the stipend payments.
The university may not expect services in return for a stipend, and therefore one cannot receive a stipend in lieu of wages for a role that is deemed employment or as a volunteer.
An example of a stipend are the payments issued to students for non-employment leadership roles (e.g. ASUO positions).
Is my Scholarship or Fellowship a stipend?
Yes, if not tied to employment. The stipend is meant to offset expenses incurred by the student while doing activities of the Fellowship that is contributing to the accomplishment of their academic success.
If your Fellowship is linked to employment, it is not a stipend and you may work up to (but not exceeding) 20 hours per week in an on-campus employment position provided your visa allows for on-campus work and has been approved by both your department and ISSS.
Is a stipend paid to a nonresident alien subject to possible tax withholding?
Yes. Please note that the role of Business Affairs Tax Services is to determine if tax applies to a specific payment, but cannot advise how that payment might impact specific requirements of a Visa or answer personal tax questions.
Contact Information
For further questions feel free to contact:
International Student & Scholar Services
Oregon Hall, 3rd floor
541-346-3206
Honoraria
Honoraria are self-employment income for services conducted for the benefit of the payer institution. Its applicability is restricted to B-1/B-2 and Visa Waiver international visitors who receive compensation for lecture-type services, within specified maximum periods of time and number of academic or non-profit institutions, referred to as the 9/5/6 Rule:
- No more than 9 days stay at one institution
- No more than 5 institutions making honorarium payments
- Received in the prior 6 months
An honorarium paid to an international visitor, such as to give a lecture, is subject to 30% withholding and Form 1042-S reporting unless a treaty exception applies. If the international visitor is not on a B-1/B-2 visa, please contact Joy Germack before taking any further steps.
F-1 Students
There are no provisions for honoraria, per se, to be paid to international students in F-1 status. F-1 students are never authorized for self-employment except with an OPT or hardship-based USCIS employment authorization document. If the "honorarium" is paid for services on campus, it may qualify for on campus employment as long as the student being paid is a student at the university sponsoring the event.
J-1 Students
The honorarium rules do not apply to J classifications. A J-1 would be permitted to provide a lecture and be compensated with an honorarium only if the J-1 program under which the student or scholar entered the US specifically permitted it and it was cleared with that program sponsor. The honorarium is subject to 30% withholding and the reimbursed expenses can be offset with a withholding allowance.
For more information on honorariums, visit the UO Business Affairs website or contact the ISSS office at intl@uoregon.edu.