Communique – Volume 14, Number 3
October 2018
Greetings from the ISSO!
In this issue:
- Premium Processing Fee Increase
- USCIS Policy Change on the Accrual of ‘Unlawful Presence’ for J Scholars
- Identity and Access Management for Affiliates
Premium Processing Fee Increase
The U.S. Department of Homeland Security (DHS) increased the Form I-907 Premium Processing Fee from $1,225 to $1,410 effective October 1, 2018. The ISSO had already been communicating the fee increase to departments as needed and updated our website but we wanted to share this to the broader community. Please note the following details:
- The premium processing service allows for expedited handling (15 business days) on the final step of an H-1B petition at US Citizenship and Immigration Services (USCIS). It does not impact the timing on the 6-8 weeks of required preliminary processing with the U.S. Department of Labor and at the ISSO.
- Due to continued slowdowns in processing at government agencies, most H-1B petitions require premium processing since H-1B petitions currently take 6 – 8 months or longer for processing.
- If an employee requires a change of status to H-1B to commence or continue BU employment, premium processing will be necessary to insure uninterrupted employment.
- If an employee requires the H approval for upcoming international travel, the premium processing would be the safest way to insure the petition is approved and the documents are obtained prior to the required travel.
- While all standard USCIS processing fees for H-1B sponsorship are centrally funded and covered by the ISSO, we do not cover the cost of premium processing. The host department is expected to cover this fee, however, in limited circumstances, it may be permissible for the employee to pay the fee.
Please speak with your scholar advisor if you have questions about the premium processing fee.
USCIS Policy Change on the Accrual of ‘Unlawful Presence’ for J Scholars
USCIS announced a significant policy change relating to the accrual of “unlawful presence” for F, J and M nonimmigrants. As of August 9, 2018, any J-1 exchange visitor who violates or overstays their immigration status, may immediately begin to accrue unlawful presence that could subject them to the 3- or 10- year reentry bar provision of INA 212(a)(9)(B).
This policy shift does not change the regulations related to maintaining lawful J status in the U.S. including the importance of maintaining valid immigration documents, the limits on employment authorization or the SEVIS reporting requirements.
A status violation might include any of the following:
- staying in the US beyond the date of their authorized time in the U.S. (the earlier of either the issued Form DS-2019 end date or BU appointment/affiliation date plus 30 day grace period),
- working without appropriate employment authorization and/or
- any event that leads to termination of an exchange visitor’s immigration record in the Student and Exchange Visitor Information System (SEVIS)
Please be reminded that any activity which will include compensation (ie. honorarium, stipend, per diem, etc.) requires specific and advance review and authorization by the ISSO. It would be helpful if you could remind scholars whom you are working with of this requirement.
As a result of this policy change, it is more important than ever that departments communicate with the ISSO when a J-1 scholar is leaving BU prior to the end date initially requested for sponsorship or when there is a change to the initial terms of the department request. In addition, it will be critical for J scholars to take immediate action to remedy any status violations as quickly as possible after they occur. Status violations that are not quickly resolved may result in long-term bars from the US of up to 10 years. Scholars are encourage to contact their scholar advisor directly or request a referral to a knowledgeable immigration attorney.
Identity and Access Management for BU Affiliates
Earlier this fall, HR, IS&T and Enrollment Services announced changes in functionality related to creating accounts and provisioning access to guests/affiliates of the University. A new Affiliate Form can now be used to obtain a BU identification number (BUID) and to automate provisioning of accounts and certain privileges. This new functionality applies to Visiting Researchers who may typically obtain their BUID from the ISSO. We are reviewing how this new functionality will change the ISSO’s BUID procedures. Until that time, we will continue to issue the BUID for your new scholars when appropriate. However, should you prefer to create the account directly and BUID directly, it is important that you note of the following:
- Use the Affiliate’s legal name, as indicated in the individual’s passport. Please do not use shortened versions or preferred nicknames as this may lead to creation of a duplicate BUID. Be sure to confirm there are no spelling prior to submitting.
- Communicate the BUID number to the ISSO. This can be done on the A/B forms if the account is created before the sponsorship request is sent to the ISSO, it can be included in the appointment letter to the affiliate, or it can be communicated directly to the affiliate and the appropriate ISSO advisor when the Affiliate is checking-in at the ISSO.
Please refer to the IAM FAQs or contact ithelp@bu.edu if you have any questions about this new functionality.