H-1B Temporary Worker Classification
This is an employment-based, temporary status designated for individuals who have specialized training. This category requires attestations and approvals from the US Department of Labor (DOL) as well as US Citizenship and Immigration Services (USCIS). Please review the H-1B Rights and Responsibilities.
To be eligible for the H-1B classification, your prospective position must require a minimum of a bachelor’s degree in a specialized area and you must have the specialized academic credentials required of the position. In addition, US Department of Labor regulations require that the institution meet or exceed a determined minimum prevailing wage and that you be compensated with employment benefits equivalent to that of any other employee in the same position and level.
BU policy restricts H-1B sponsorship to teaching and research positions. Sponsorship for staff positions is considered on a case-by-case basis and requires additional approval.
Length of Permitted Stay
Boston University submits a petition for sponsorship on behalf of the employee and can request a maximum authorization of three years, depending on the length of the BU appointment. Your permission to remain in the US and to work are both tied to the end date given on your most recent I-797A Approval Notice or your most recent I-94 or US entry stamp, whichever is earlier. H-1B status does not usually allow a grace period, though a 10-day period can be granted at the discretion of a US Customs and Border Protection officer.
The H-1B classification is salary-, location-, job description-, title-, and employer-specific. Therefore, your sponsoring department must contact the ISSO to initiate an amended petition prior to any substantive changes to your activities including, but not limited to, changes in employment, compensation, location of employment, duration of appointment, change in immigration status, and termination of activity. Failure to comply with these regulations may jeopardize the lawful immigration status of you and your family as well as BU’s ability to sponsor international scholars in the future.