Communique – Volume 15, Number 4

November 2019

Greetings from the ISSO!

In this issue:

English Proficiency Requirements for J Scholars

The Department of State (DOS) requires J program sponsors to document sufficient English proficiency prior to providing sponsorship in the J classification. Given that the J program has both an educational component and a cultural component, J program sponsors must insure that J scholars can not only carry out their research and/or teaching objectives, but that they can also get along day to day outside of their BU appointment – engaging with Americans and immersing themselves in the local culture.

The DOS has been conducting outreach and site reviews of J programs and recently issued a guidance directive indicating that many J exchange visitors have noticeably poor English speaking skills which, in their opinion, indicates that program sponsors are not properly screening the prospective scholars for English proficiency. According to the directive, inadequate English skills may lead to program deficiencies and compromise the health, safety, and welfare of exchange visitors.

Please be reminded that while the ISSO provides immigration sponsorship, the host department shares responsibility with insuring that both the cultural and educational portions of the J program are met. In addition, host departments are required to insure that each prospective scholar has verifiable English language skills sufficient to function on a day-to-day basis. In order to assist host departments, the ISSO has provided options on the J-1 supplement) for determining English proficiency. In addition, we partnered with BU’s Center for Orientation and Language Programs (CELOP) to create a useful interview protocol and rubric for evaluating proficiency. Please be reminded that both the individual scholar’s and BU’s overall J program can be jeopardized if this regulatory requirement is not met. Please see our website for more information or contact us directly with questions.

Changes in Department of Labor Processes for H-1B Petitions

The Department of Labor’s (DOL) iCERT Portal was recently replaced by a new system FLAG (Foreign Labor Application Gateway). This portal is used for filing the required Labor Condition Application (LCA) as well as other required DOL requests for various employment-based immigration options.  While the information that employers need to provide on the LCA remains the same, the system itself is quite different. For example, employers will no longer be able to print a draft copy of the LCA to send to departments for the required 10-day posting period, but rather, DOL has advised that employers create a separate posting notice. Therefore, departments who are working with the ISSO to submit H-1B petitions will notice changes in the posting notice instructions as well as in the posting notice itself. ISSO will now be forwarding a one-page posting notice which replaces the previous LCA draft and posting confirmation form.

Employers continue to experience technical issues with the new FLAG system and it will take some time for DOL to correct any technical issues related to filing LCAs in the new system. The ISSO is monitoring this closely and will keep sponsoring departments and employees updated as appropriate.  In order to allow for time for processing at the ISSO, as well as potential technical issues with FLAG, we recommend that host departments submit the sponsorship request packet to the ISSO at least six months in advance of the intended start date of the request. In the meantime, department administrators should review the e-mail instructions carefully and follow-up with their ISSO Advisor if they have any questions about the new instructions or associated forms.

USCIS Announces Fee Increase for Premium Processing

U.S. Citizenship and Immigration Services (USCIS) recently announced that the premium processing fee will increase to $1440 effective December 2, 2019. The premium processing fee is used to request expedited service from USCIS for certain petitions, including H-1Bs, O-1s and I-140 immigrant petitions. Premium processing is an optional service that requires USCIS to review the petition and provide a response within 15 business days. While the service is “optional”, it is generally required for the majority of petitions that we submit on behalf of our H-1B employees since standard processing times at USCIS are taking at up to nine months.

Since all H-1B petitions require a minimum of eight weeks of preliminary processing before we submit the final petition to USCIS, departments who are submitting H-1B sponsorship requests packets to the ISSO should start using the new fee right away. If you have a petition already in process at the ISSO, please contact your ISSO Advisor to determine whether or not a new premium processing check and fee will be necessary.

International Education Week – November 18-22

As a leading global university, BU welcomes thousands of international students and scholars each year and sends BU students across the world. As a community, we hold a wealth of global knowledge and experiences – and during International Education Week, we celebrate it all. BU has been celebrating IEW for seven years now, highlighting cross-disciplinary symposiums dedicated to global heal and research and showcasing international food and experiences. Please visit to the Global Program’s IEW website for more information.

Thank you for your continued support of the ISSO!