Communique – Volume 14, Number 2

August 2018

Greetings from the ISSO!

We hope you are enjoying what is left of the summer. In anticipation of a busy fall, we wanted to send you a few reminders.

In this issue:

Checking in at the ISSO

If you are expecting any new international scholars or employees in the coming weeks, please remind them to check-in with the ISSO. This check in allows us the opportunity to meet new scholars, confirm their BU affiliation/appointment and immigration documents and to complete employment verification as appropriate. BU employees are required to complete the I-9 employment verification within 3-days of the start of their BU employment so please encourage them to check-in with us right away, as indicated below.

If your new scholar is under our J-1 sponsorship, they should plan to attend the required a New J-1 Scholar Check-in and Orientation session.

New J-1 Scholar Orientation & Check-in: To accommodate the large number of arriving J-1 scholars, we have reached out to all arriving scholars to ask that they sign up for the specific session that they plan to attend. We have also added an additional session on Monday September 3 at the ISSO. Please remind your incoming J scholars to reserve their spot in one of the mandatory sessions.

New scholars who are not here under our J-1 sponsorship can come our weekly walk-in hours, unless they have been contacted to make an appointment with their ISSO Scholar Advisor.

Limited scholar services available on Labor Day

The ISSO will be open to provide limited services for arriving scholars on Monday, September 3. We will be hosting a New J-1 Scholar Orientation & Check-in at 10:00 am (they can reserve their spot using the link provided above). In addition, arriving scholars who are not under our J-1 sponsorship are welcome to visit us between 1:00 p.m. and 3:00 p.m. to check-in and complete their I-9 employment verification, if applicable. Current scholars are also welcome to come to the walk-in hours between 1 – 3 p.m. on Monday should they require assistance.

Immigration updates

We continue to experience increased scrutiny on H-1B petitions and slowdowns at all government agencies including both USCIS and the Department of State (visa issuance). The summer and fall are peak processing times at U.S. consulates and thus, scholars have experienced significant delays and even some denials in visa processing. Fortunately, despite the slower processing, most of our scholars have reported eventual success in obtaining their visa. Advanced planning by the host department continues to be the best way to deal with these processing slow downs, so please remember to contact the ISSO early in the invitation/hiring process.

The ISSO continues to monitor regulatory changes and other issues that affect our scholar population and we are working closely with BU Federal Relations, Global Programs and the Office of the General Counsel to insure that the BU community at large and, more importantly, any BU scholars who may be affected are notified. Here is a summary of some recent updates:

  • USCIS policy memorandum regarding the accrual of unlawful presence for F and J nonimmigrants –  Effective August 9, 2018, USCIS changed their policy related to the accrual of unlawful presence after a status violation and/or overstay in the U.S. for F and J nonimmigrants. Please see our website for more details. We will continue to provide additional details as they becomes available.
  • Increased audits in workforce compliance – In addition to processing delays and increased scrutiny, there has also been a significant increase in I-9 audits on U.S. employers, which can result in severe penalties for non-compliance.

    Consequences to not filing timely status updates or to status violations have increased significantly both for the scholar/employee and for BU as the employer/sponsor. Thus, it is more important than ever that our administrative contacts and department hosts notify us in advance of any potential change(s) to the terms of employment, including resignations or terminations, so that we can provide accurate and timely advice to the scholar and take appropriate actions to insure immigration compliance from an institutional standpoint. We rely on the partnership with host departments to insure that we remain compliant with immigration and employment regulations.

    We expect more changes to be announced this fall and will notify the BU community as more information is available. Please check our website regularly for updates and for details about upcoming information sessions about the changes that the ISSO is planning for the fall.

    New estimate of financial minimums for scholars in J-1 status

    The ISSO has updated the minimum funding levels required for J-1 Exchange Visitor sponsorship. The new figures will be required for any scholar in J-1 status beginning their research, teaching or exchange activities under BU sponsorship on or after September 1, 2018.

    The new estimates are as follows:

    Funding requirement figures for scholars

    per month per year
    Scholar only $ 2,275 $27,300
    Scholar plus first dependent (spouse or child) $ 3,185 $38,220
    Scholar plus two dependents $ 3,998 $47,976
    Scholar plus three dependents $ 4,430 $54,360
    For each additional dependent beyond three, add $  275 $ 3,300

    The J-1 exchange visitor categories allow significant flexibility with regard to source(s) of funding. However, in order for the ISSO to issue a Form DS-2019 Certificate of Eligibility for Exchange Visitor (J-1) Status, the scholar and/or the host department must demonstrate financial support to meet or exceed an established minimum funding requirement for the full period of the scholar’s academic appointment. If dependents will accompany the scholar in J-2 status, we must establish that the funding is sufficient to support them as well.

    Please note the following:

    • The minimum amounts listed below DO NOT apply to Postdoctoral Appointments or to other research positions that require a different minimum based on Fair Labor Standards Act (FLSA) guidance and/or standard institutional postdoctoral minimum salaries.
    • Host departments should NOT use these minimums as a standard to calculate salary. Researchers, faculty members and other paid positions should be awarded a salary that meets department and University equity standards and is commensurate with the scholar’s related experience.
    • BU salary, per diem, stipends, grants and other non-salary funding should be reflected in the appointment letter and on page 3 of Form B, Scholar Information

    Further information on the minimum funding requirements for J-1 scholars at Boston University can be found at: https://www.bu.edu/isso/administrators/checklist/j1/minimum-funding/.

    We appreciate your understanding and continued support of the ISSO.