Communique – Volume 19, Number 2
August 2023
Greetings from the ISSO!
In this issue:
- COVID Flexibilities for I-9 Employment Verification End
- Flexible Work Reminders
- J-1 Minimum Funding Requirements Updated
COVID Flexibilities for I-9 Employment Verification End
The Department of Homeland Security announced the end of temporary COVID flexibilities for virtual Form I-9 document review. In accordance with this announcement, new foreign national employees requesting I-9 completion as of 8/1/2023 must present original documentation in-person at the ISSO.
Moving forward, all foreign nationals who require employment verification must schedule an in-person appointment with the ISSO as part of their overall BU onboarding. Thus, we kindly request that hiring units remind new foreign national employees to make their appointments on or before their first day of employment.
New J-1 Scholars and Employees: New J-1 scholars/employees are required to attend a virtual orientation & check-in session. Thus, incoming J employees will need to schedule for both the virtual orientation session and an in-person I-9 appointment, if they are being paid by BU.
We have expanded our appointment scheduling options at the ISSO and will be adding in-person appointment options on the medical campus (Human Resources, 609 Albany St, J Building) soon. New employees who require alternate in-person scheduling are encouraged to contact their scholar advisor. However, since we can no longer perform the document review virtually, employees who are not on campus regularly will need to plan accordingly.
New employees can schedule their in-person I-9 employment verification appointments here.
Flexible Work Reminders
The HR flexible work guidelines provide a process and parameters regarding work location and number of days per week. However, for foreign national employees, immigration status must also be considered as location of all activities/employment must be reported to US Department of Homeland Security. Generally, arrangements where the employee will work remotely for 1 or 2 days from a location in Massachusetts are permissible. However, please consult with the ISSO prior to authorizing remote arrangements for 3 or more days a week and/or where the remote employment is not in Massachusetts. This will allow us to assess whether an immigration status specific limitation may apply and/or if additional processing will be required prior to implementing the arrangement.
Please note some additional immigration specific clarifications:
- Limitations on flexible arrangements for J-1 scholars/employees: In accordance with the recent Department of State directive, J-1 exchange visitors cannot engage in flexible arrangements of 3 or more days a week. The J-1 sponsorship is based upon the expectation that the scholar or employee will be engaged in the day-to-day BU campus environment.
- Sponsored Visiting Researchers and Visiting Students: While uncompensated research appointments are not addressed in the HR guidelines for employees, the same general guidelines and limitations apply to J-1 scholars in these appointments. However, in lieu of the HR approval, the host department will need to provide the ISSO with a confirmation (on letterhead) of the approved weekly schedule, the remote work address and confirmation that the ISSO will be notified in advance of any permanent changes.
- H-1B Address Reporting Requirements: The H-1B regulations require employers to report all employment addresses to USCIS. Thus, while most flexible work arrangements can be accommodated, advance planning is required. In cases where the flexible work arrangement is approved after the initial H has been filed or if the employee changes their place of residence, an amended petition must be filed to inform USCIS of the change. Hiring units must notify the ISSO 3-5 months in advance to allow time for us to prepare and submit amended petitions as the regulations require employers to file before the change is implemented.
More details can be found here. We will continue to provide guidance and updates as needed. Please contact us if you have any questions.
J-1 Minimum Funding Requirements Updated
We have updated the minimum funding levels required for J-1 Exchange Visitor sponsorship. The new figures will be required for all J-1 sponsorship requests noting a start or extension date of 9/1/2023 or later.
Funding requirement figures for J immigration processing with requested start or extension date as of September 1, 2023 or later*
per month | per year | |
---|---|---|
Scholar only | $ 3,005 | $ 36,060 |
Scholar plus first dependent (spouse or child) | $ 4,595 | $ 55,140 |
Scholar plus two dependents | $ 5,854 | $ 70,248 |
Scholar plus three dependents | $ 6,222 | $ 74,664 |
For each additional dependent beyond three, add | $ 368 | $ 4,416 |
*Estimates are based on the Board of Trustees’ Estimate of Academic and Living Expenses and the annual cost for health insurance coverage under the BU Blue Cross Blue Shield PPO; actual costs may be higher depending on lifestyle. Funding requirements are subject to change at any time.
While the J-1 exchange visitor categories allow some flexibility regarding 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 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
Additional details are available here.
The Scholar Services Team remains committed to advising and assisting our international scholar community and appreciates your continued support!