Communique – Volume 15, Number 3

August 2019

Greetings from the ISSO!

In this issue:

New J-1 Minimum Funding Estimates

We have 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, 2019.

The new estimates are as follows:

Funding requirement figures for scholars

per month per year
Scholar only $ 2,330 $27,962
Scholar plus first dependent (spouse or child) $ 3,278 $39,339
Scholar plus two dependents $ 4,124 $49,496
Scholar plus three dependents $ 4,957 $59,489
For each additional dependent beyond three, add $  282 $ 3,379

While the J-1 exchange visitor categories allow some flexibility with regard to source(s) of funding, 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 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/.

End of Appointment/Employment Notifications

We rely on our host departments to provide details and advance notice pertaining to the completion or termination of employment or academic appointment for all international scholars. The ISSO must properly report and close any related ISSO records as well as any related immigration sponsorship items in accordance with federal regulations so timely notifications are critical. In addition, the ISSO will provide additional immigration classification specific guidance to the departing scholar should that be required. When possible, please notify the ISSO of any resignations or terminations at least 30 days prior to the expected end of employment or academic appointment by completing the End of Employment Notification Form.

Please note the following immigration specific information:

  • J-1 Exchange Visitors: The ISSO must report completions of the J program via the SEVIS system. If one of your J scholars is departing prior to the initially requested appointment end date we will amend the SEVIS record and issue a new Form DS-2019 to reflect the new program completion date. This documentation is useful for departing scholars, particularly if they have plans to return to the U.S. in the near future.
  • H-1B Employees: When an employee in the H-1B classifications leaves their employment prior to the initially determined end date, the ISSO must withdraw the USCIS approved petition as well as the associated Labor Condition Application (LCA). In addition, please be reminded that when the host department dismisses an H-1B employee prior to the end of the authorized period of employment, the host department is liable for the reasonable costs of return transportation to the employee’s country of last residence abroad.
  • OPT STEM Employees: BU is responsible for notifying the employee’s sponsoring institution (school from which the employee graduated) within 48 hours of the end of employment at BU. The ISSO makes this notification on behalf of the University but we need timely information from the hiring department to insure compliance with this requirement.

The monthly reminder notices that the ISSO provides are based on the dates of the initial sponsorship or appointment requests. Thus, should the end of the appointment change occur outside of our standard reminder cycle, we must be notified so that we can take appropriate action.

Increase in Compliance Site Visits

As part of President Trump’s ‘Buy American Hire American‘ executive order, USCIS is focusing more resources on conducting employer site visits to insure compliance with immigration and employment regulations. While these site visits also occurred prior to the executive action, the government’s efforts in the area of compliance have increased. While the type and purpose of the site visit may vary, it is important for host departments to be prepared should they be contacted by a U.S. government agency regarding a workplace compliance visit for a specific employee. Please contact the ISSO immediately should you receive any inquiries related to an international employee or visitor in your department.

The two most common types of site visits that have been reported are related to the following:

OPT STEM Employment: The purpose of these visits is to ensure that STEM OPT students are receiving structured and guided work-based learning experiences and to reduce the potential for abuses of the STEM OPT extension employment option. If you are currently hosting an employee on an OPT STEM authorization, please pay attention to the Form I-983 that the department completed with that OPT STEM employee, remember to review and sign the employee’s annual self-evaluation form and, if the terms of the position are changing, complete a new Form I-983 with that employee. More detailed information about the site visits is provided by DHS on their Study in the States website and information about employer responsibilities and student reporting requirements are also provided.

H-1B Fraud Detection and National Security: The purpose of these sit visits is to verify the information that employers provide in the underlying H-1B petition that is submitted to U.S. Citizenship and Immigration Services (USCIS). These visits have been occurring for many years, but some employers are reporting an increase in annual visits. More often than not, the USCIS Fraud Detection Unit will contact the ISSO directly if a BU employee has been selected for the inspection. However, in some cases, the employee or the host department will be contacted directly. Please notify the ISSO so that we can provide guidance and assistance related to this visit. More details about these visits is available on the USCIS website.

Avoiding Common Scams and Fraud Schemes

Unfortunately, international students and scholars are often targeted for fraud schemes. Scammers commonly use intimidation and the threat of immigration penalties to extort large sums of money from international students and scholars. They may claim to be from a government or law enforcement agency, and may use personal information gained illegally to convince a foreign national that an immediate payment is required. Scholars who are new to the U.S., unfamiliar with English or unsure of how to respond, may be especially vulnerable to these attempts. The U.S. Department of Homeland Security routinely issues alerts to encourage international students and scholars to take precautions.

According to the BU Police, there have been four incidents reported since last fall involving similar themes and targeting the Asian student and scholar population. These incidents appear to be part of a much larger scheme, which has been reported in New York, Boston, San Francisco, Houston and Los Angeles. The BU Police Department has provided a short video message to help avoid being a victim of this particular scam. In addition, the ISSO has compiled information to help our international community identify and avoid common scams. Please contact the ISSO should one of your international employees or scholars believe that have been a victim of a scam or if they are unsure whether a phone call, email or other type of contact or threat is fraudulent.

Thank you for your continued support of the ISSO!