Communique – Volume 17, Number 4
November 2021
Greetings from the ISSO!
In this issue:
- COVID Related Travel Updates
- Procedural Changes to Immigration Sponsorship to Support HR’s New Remote Work Policy
COVID Related Travel Updates
We are pleased to share some significant updates related to travel to the US. A recent Presidential Action announced significant changes to COVID- related travel restrictions. Effective November 8, 2021, nonimmigrants traveling to the US by air, regardless where they are traveling from, must establish that they are fully vaccinated. The requirement to present results of a negative coronavirus test taken during the three days preceding the flight departure remain unchanged. This announcement replaces all country specific COVID travel bans so, it is certainly welcome news. President Biden’s announcement outlines limited exceptions to the vaccine requirement and provides more specific details about acceptable vaccines and the meaning of fully vaccinated. In addition, changes to entry requirements through land ports of entry from Canada and Mexico were recently implemented.
More details about these recent updates are available in the ISSO News and in our Travel Advisory for students, scholars and employees. In addition, we have already notified all active internationals scholars and employees of these changes as many of them are considering international travel over the upcoming Thanksgiving and Winter Intersession breaks.
Procedural Changes to Immigration Sponsorship to Support HR’s New Remote Work Policy
Boston University Human Resources published a new policy related to remote work arrangements in August. Given that most immigration classifications used to support BU faculty, researchers and other employees require us to document the location(s) where the work will be performed, we have been extensively considering the immigration regulations to determine how we can support the new HR policy. After consulting with various University stakeholders, we have created guidelines for departments to consider as they review requests for remote work for new and continuing employees.
Remote arrangements for 1 or 2 days a week where remote employment will be in Massachusetts: These arrangements can be approved directly by the employee’s supervisor via the process outlined on the HR website. Work from home requests for up to 2 days a week from a Massachusetts address is permitted for foreign national employees, regardless of their immigration/employment classification. Departments must forward the HR approval e-mail confirming the details of the approved remote arrangement for all foreign national researchers and employees so that we can document our records properly.
Remote arrangements for 3 or more days a week and/or for any arrangements where the remote employment is not in Massachusetts – Given that these arrangements modify the primary worksite, additional restrictions and/or required processing apply as follows:
- J-1 Exchange Visitors: The J-1 classification requires sponsoring institutions to foster the exchange of ideas between exchange visitors and their American counterparts in person. This classification cannot support remote arrangements of 3 or more days a week as there is an expectation that exchange visitors will be engaged in the day-to-day campus environment. We will review requests for work arrangements based out-of-state on a case-by-case basis.
- H-1B employees: ISSO may be able to support remote work arrangements that are out of state or 3 or more days a week by filing an amended H-1B petition to document a new primary worksite to both US Department of Labor and US Citizenship and Immigration Services. Departments should notify the ISSO 3-5 months in advance to allow time for us to prepare and submit the petitions. These requirements may also apply to employees in TN, E-3 or O-1 classifications.
Departments must forward the HR approval e-mail confirming the details of the approved remote arrangement for all foreign national researchers and employees so that we can document our records properly and commence any required processing.
Remote work arrangements from outside the US: Immigration sponsorship relates to employment and activities in the United States. Departments should consult with the International Hiring Working Group to discuss payroll and tax implications.
If any foreign national in your department, regardless of their immigration classification, has already obtained HR approval for a remote work arrangement, please notify us immediately by sending the HR approval to ISSO Scholar Services.
We recommend that you review these guidelines as you consider remote work arrangements for a foreign national in your department, as the employee’s immigration classification matters and may prohibit the arrangement or require additional processing at the ISSO. In addition, please note that host departments must notify the ISSO of any changes to remote work arrangements, including but not limited to a change in the number of remote days or a change in the address of the remote employment (i.e., change of residential address).
The ISSO will be updating our immigration processing request forms to incorporate details about approved remote work arrangements and will add details to the administrator section of our website to allow departments easier access to this information soon. Please contact us if you have any questions.
The Scholar Services Team remains committed to advising and assisting our international scholar community and appreciates your continued support!