Communique – March 2026

Special Edition

Summer Hiring and Immigration Processing Reminders

We are pleased that so many schools and departments are reaching out to us well in advance to strategize summer and fall hiring needs. Given the current political climate, enhanced vetting, and travel bans, we urge hiring departments to submit immigration processing requests six months in advance of the desired start date.  This recommendation also applies to continuing scholars and employees who may require a change or extension of their immigration status.

As a reminder, the Presidential Proclamation regarding the $100,000 H-1B fee applies only to new petitions submitted for employees who are based outside the US and it does not apply to individuals who are inside the US who require change of status to or extension of their H-1B to facilitate or continue their BU employment.

While the proclamation does not generally impact employees who already are working in the US, at BU or elsewhere, there are circumstances that will require considerable strategy and advance planning to avoid triggering the fee:

  • Hiring employees who are not in the US: H-1B sponsorship will trigger the new $100K fee which will require institutional approvals and may not be possible for most new hires who are outside the US. In some cases, there may be other immigration sponsorship options available to support employment. The hiring department should contact the ISSO as early as possible to review offers of employment on a case-by-case basis.
  • Increased risk to and restrictions on international travel: Employees will be required to maintain status and remain in the US while changes and extensions of status are pending and may have significant impact on summer travel plans. Travel while a change of status or extension of status is pending, may trigger the $100k fee.  In addition to the risk of triggering the $100K fee, we remain concerned that US federal actions regarding travel, enhanced vetting and unpredictable travel bans have increased uncertainty and risk. Please encourage any employees who are considering international travel to review our travel advisory and travel decision guide to assess their personal travel risk.
  • Employees requesting leave of absence (i.e. sabbatical, junior faculty, parental, medical, personal, etc.): Employees considering an extended sabbatical or leave of absence must confer with ISSO in advance. International travel during the leave could impact sponsorship or trigger the fee requirement so it be critical that faculty and/or other employees carefully consider the timing of their leave. In some cases, adjustments may be necessary to either the sabbatical/leave or the travel plans.
  • Status violations: If USCIS determines, for any reason, that an individual requesting a change to or extension of H status, has failed to maintain the terms of their status (i.e. evidence of unauthorized employment, exceeding unemployment limits under OPT/STEM OPT, petition filed outside of required timelines, etc.) they may require the employee to depart the US, and obtain a new H visa, thus triggering the fee.
  • Increased risk to last minute sponsorship requests: USCIS is less likely to use their discretion to approve last minute H-1B petitions. If denied, travel and fee payment will be required.

Getting an early start is the best way to ensure that your new faculty member, academic researcher or staff member will be able to commence or continue their BU employment. Keep in mind that ISSO processing times refer to when we received the completed packet. Thus, we recommend you also consider your school specific timelines for obtaining required appointment letters and signatures that are needed prior to submitting each request to the ISSO.

Please review our news section for information impacting the international scholar/employee community and contact us if you have any questions.

    We appreciate your continued support.