Communique, Volume 20, Number 1

January 2024

Greetings and Happy New Year from the ISSO!

In this issue:

Onboarding Reminders

As you welcome incoming employees and scholars to BU, please be reminded that all foreign nationals, regardless of their immigration classification and BU appointment/affiliation must check-in with the ISSO as part of their overall onboarding process. The process and need for an in-person appointment will vary based on both the BU affiliation (i.e. paid employee or uncompensated researcher/visitor) and the immigration classification of the arriving foreign national.

More specifically, all new BU employees must schedule an in-person appointment before the end of their third day of employment to complete their I-9 employment verification. We are required to review original documents so cannot provide this service virtually. J-1 exchange visitors must attend a mandatory virtual orientation session and non-compensated/non-J-1 Visiting Students/Researchers, volunteers or other affiliates can complete the check-in process virtually.

All options for obtaining ISSO check-in and clearance are outlined on our Services and Appointment Scheduling webpage. Please forward this webpage to any arriving scholars and employees so that they can make their arrangements to obtain clearance from the ISSO prior to commencing their employment or activity in your department. For more information, please review our onboarding reminders or feel free to contact us with questions.

Premium Processing Fee Increase

The U.S. Department of Homeland Security (DHS) announced an increase to the Premium Processing filing fee from $2,500 to $2,805 for H-1B petitions effective February 26, 2024. We have updated our website but we wanted to share this to the broader community. Please note the following:

  • 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 for the required preliminary processing with the U.S. Department of Labor and at the ISSO which typically takes about 6-8 weeks from when we receive the completed immigration processing request.
  • Many H-1B petitions require premium processing since H-1B petitions currently take 4 months or longer for processing at USCIS. In particular, requests for employees that may require a change of status to H-1B to continue employment typically require premium processing to insure uninterrupted employment. However, there are certainly situations where regular processing works well.
  • If an employee requires the H approval for upcoming international travel 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. As part of the initial review of each H request strategy, we will recommend whether premium processing is required or optional to help departments decide how to proceed.  Please see more general details about premium processing or contact your ISSO Scholar Advisor.

Flexible Work Arrangements for Foreign Nationals

Are all foreign national employees and J-1 Visiting Researchers/Students in your department engaged in their work on-campus 5-days a week? If the answer is ‘no’ and you have a scholar/employee in your department working from their home on a regular basis, please inform your ISSO Scholar Advisor right away. While the BU guidelines for flexible work consider mainly the work location and number of days per week, the specific immigration classification of the employee/scholar is a third and even more critical factor that requires advance consideration.

The majority of immigration classifications used to support BU faculty, researchers and other employees require us to document the location(s) where the work will be performed, including work from home, before the desired remote/hybrid arrangement can commence. This reporting can take up to 10 business days for J-1 scholars/employees and about 3 months for H-1B employees so advance planning is necessary. In addition, individuals sponsored under the J-1 classification must be working on-campus at least 3-days a week and thus, working from home for more than 2-days a week is prohibited all-together.

Insuring that our foreign national employees and scholars are maintaining their immigration status is a shared responsibility between the employee/scholar, the host department and the ISSO. Thus, it is imperative that managers consider the ISSO guidelines and consult with the ISSO prior to approving any remote/hybrid arrangements for foreign nationals. If BU, as the employer, does not report worksites timely and properly, this can result in serious immigration compliance issues which can impact the legal employment/immigration status in the U.S.

Stateside Visa Renewal Pilot Program

The U.S. Department of State announced that it will run a limited pilot program to resume domestic visa renewal for a small number of H-1B visa holders, a practice that was discontinued in 2004. From January 29, 2024 to April 1, 2024, eligible individuals in H-1B may request to renew their H-1B visa without leaving the U.S.

Participation in the pilot is limited to individuals who are renewing an H-1B visa that was issued by:

  • Mission Canada with an issuance date from January 1, 2020 through April 1, 2023 OR
  • Mission India with an issuance date of February 1, 2021 through September 30, 2021.

In addition to the parameters above, individuals must meet all other criteria specified in the pilot program notice. Applicants who meet the requirements can participate during the application window by applying online. Applicants who do not meet the published requirement as well as those who prefer not to participate in the pilot program may continue to apply for their H-1B renewal at a U.S. embassy or consulate overseas. We have already reached out to any employees in H-1B status in hopes that eligible and interested employees can participate in the pilot program.

2024 Faculty Hiring Reminder

It’s time to start thinking about immigration processing for your 2024 faculty hires! Getting an early start is the best way to ensure that your new faculty member will be able to commence his or her BU employment as desired. Please prepare and submit your immigration processing requests for your spring and summer 2024 hires as soon as possible. We thank those departments who have already submitted requests for incoming faculty and look forward to getting request for other spring/summer hires in the coming weeks. Please contact your ISSO scholar advisor should you have questions regarding prospective hires in your department.

The Scholar Services Team remains committed to advising and assisting our international scholar community and appreciates your continued support!