Communique – Volume 17, Number 2

May 2021

Greetings from the ISSO!

In this issue:

COVID Related Travel Updates

  1. India added to COVID Travel Ban Countries: President Biden issued a Presidential Proclamation restricting travel to the US from India that was effective as of May 4. The recent proclamation adds India to a list of 32 other countries including Brazil, mainland China, Iran, Ireland, South Africa, the United Kingdom and 26 European countries. The ban restricts entry to the US for nonimmigrants who have been physically present in any of these countries in the 14-day period preceding their entry or attempted entry to the US. The ban also applies to travel layovers or transfers via a banned county. Thus, scholars traveling from countries that are not affected by the COVID related ban should be mindful of this when scheduling their travel to confirm that their flight does not connect or transfer via any of the countries noted as this will subject them to the travel ban.
  2. National Interest Exception (NIE) and Visa Processing Updates: The Department of State (DOS) continues to grant National Interest Exceptions from the COVID travel bans for qualified travelers seeking to enter the US to offer vital support to critical infrastructure sectors, or for purposes related to humanitarian travel, public health response, and national security. Recently, the DOS announced expanded eligibility for NIEs that apply F-1 students and certain academics in J-1 exchange visitor programs travelling to the US from China, Iran, Brazil, India or South Africa, if their program begins August 1, 2021 or later. We are hopeful that this recent travel clarification will allow consulates in these countries to resume processing soon and it appears that certain consulates in China have already started scheduling and conducting interviews. Scholars and employees who believe they qualify for an exception should continue to contact the nearest US Embassy to request both a new visa (as appropriate) and an individual NIE.

COVID related travel bans, quarantine requirements and visa processing suspensions and delays continue to change. Please consult the ISSO news frequently, refer to the current Travel Advisory or contact the ISSO if you have any questions.

H-1B Temporary Worker Updates

  1. USCIS Restores ‘Deference’ in Employment-Based Extension Petitions: USCIS recently updated their Policy Manual to restore a certain amount of deference to H-1B and other employment-based extension requests. The concept of deference to prior petitions was initially communicated in April 2004 and it instructed adjudicators to give deference to prior eligibility determinations when adjudicating an extension of stay petition “involving the same parties (petitioner and beneficiary) and the same underlying facts.” In April 2017, the Trump administration rescinded the 2004 guidance, thus requiring adjudicators to review extension petitions for the same positions with the same level of scrutiny they applied to new request. This guidance caused significant processing delays, but we are hopeful that, with the restoration of the concept of ‘’deference’ that processing times for H-1B extension petitions will improve.
  2. Processing for Employees Hired Under Collective Bargaining Agreement: The H-1B regulations regarding required wage determinations and associated notifications outline separate procedures when a position is offered under a Collective Bargaining Agreement. The required wage will be determined by the appropriate SEIU L509 agreement and, in lieu of the required posting notices that we typically send to our department contacts, the ISSO will need to provide notice of the H filing to a designated union representative. If your department will be requesting H-1B processing for Lecturers, Instructors or part-time Faculty who have been hired under the agreements between Boston University and the Service Employees International Union, Local 509 (SEIU L509), it is important that you inform us that this is the case. We have updated our immigration processing request forms to insure we have all the required details. You will also notice that the notifications and instructions from the ISSO will vary slightly in those cases. In order to update our processes, we have been working closely with a group of University stakeholders to update our immigration processing request forms and processes to insure that Boston University continues to comply with all relevant regulations regarding the sponsorship of foreign national employees.

Immigration Processing Request Forms Updated

We are pleased to announce that several of our Immigration Processing Request Forms have been updated. More specifically, we are referring to the following forms:

  • Form A, Request for Immigration Processing: Host Department and Appointment Information (current form dated 1/2021; prior version dated 1/2015)
  • Form B, Request for Immigration Processing: Scholar/Employee Information (current form dated 1/2021; prior version dated 1/2015)
  • Form H Supplement (current form dated 5/2021; prior version dated 1/2015)

We will accept the prior version (dated 1/2015) until June 30, 2021 to support the transition and to accommodate those of you who may have already started the process using the prior version. However, for all future requests we will require the current versions as noted above. Please review the new forms and consult with your Scholar Advisor if you have any questions or issues related to the new forms.

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