Immigration Options

There are a variety of immigration classifications that support academic research, teaching, and other employment at BU.

The required steps as well as the overall timing will vary depending on whether the prospective scholar/employee is already in the U.S. and whether immigration sponsorship will be necessary. Below is a summary of some common immigration classifications.

J-1 Exchange Visitor

The J-1 is the most common immigration classification as it supports a wide range of academic teaching and research arrangements, from short unpaid visiting researcher appointments to full-time postdoctoral appointments and more.

Note: Tenure-track faculty positions, those that are clinical in nature and involve direct patient care (residents, clinical fellowships), as well as technical and administrative positions, do not qualify for J sponsorship.

Research Scholar & Professor

Short-Term Scholar

Specialist

Student Intern

H-1B Temporary Worker

H-1B is a temporary, employment-based status for employees with specialized training. It requires approvals from the U.S. Department of Labor and USCIS. Most academic research & teaching positions qualify for H-1B sponsorship. H-1B sponsorship for staff positions depends on the details of the job and requires Provost approval. Most staff positions require a graduate degree to qualify.

Eligibility: The job must qualify as a ‘specialty occupation’ and meet H wage requirements (BU must pay at or above the prevailing wage and provide benefits comparable to other employees in the same role).

Length of stay: BU can request up to 3 years in each petition, for a total of six years. Extensions beyond 6 years may be possible in limited circumstances.

Processing timeline: Submit immigration processing packet 6-months in advance of intended start date

Cost: The ISSO is funded to cover regular processing fees for H petitions; the hiring department is responsible for premium processing fees, if needed.

Considerations: H-1B sponsorship requires attestations and approvals from the Department of Labor (DOL) as well as U.S. Citizenship and Immigration Services (USCIS) so the process is complicated & lengthy. H-1B is considered only for long-term, full-time positions when other visas are unsuitable.

H-1B status is specific to salary, job title/description, work location(s), percentage effort, etc. Any substantive changes (employment, pay, location, appointment length, status change, termination) must be discussed with the ISSO in advance and an amended petition may be required.

Optional Practical Training (OPT) & STEM OPT

OPT/STEM OPT are benefits that F-1 students may apply for after graduating from their degree in the U.S.

Eligibility: Prospective employees can speak to the international office at their U.S. university for more details on eligibility and how/when to apply. BU students review eligibility details.

Length of stay: Up to 12 months of post-completion OPT; STEM OPT for qualifying individuals & positions allows for an additional 24-month extension.

Processing timeline: Individuals approved for OPT do not require BU sponsorship to start working at BU. New or continuing employees who will apply for or update their STEM OPT based on their BU employment must complete the immigration processing request 3 months before the end of the initial OPT authorization.

Cost: No cost to the hiring department.

Considerations for STEM OPT: Graduates in certain STEM majors may qualify for a 24-month OPT extension within 90 days of the initial OPT expiration provided that:

Their major field of study is on a list of designated STEM majors
They receive a BU salary and are employed for at least 20 hours per week
Their hiring department completes and agrees to the terms of the Form I-983 training plan including:
- Attest that the employee will not replace a U.S. worker
- Certify that the terms of the employment are commensurate with similarly situated U.S. workers including duties, supervision, qualifications, hours & compensation
- Agreeing to required employer reporting requirements – As a courtesy, the ISSO will assist with the required notification to the F-1 program sponsor, so long as the hiring department notifies us of the termination at least 10-days in advance.

The STEM OPT regulations include provisions related to compliance site visits from USCIS to ensure that the employee is receiving structured & guided work-based learning experiences, as outlined in the Form I-983.

Other Sponsorship Options

Most foreign nationals engaged in teaching, research, or other employment at BU are supported in the J-1, OPT/STEM OPT or H classifications. In some cases, sponsorship in another status may be appropriate:

O-1 (Extraordinary Ability): O-1 is for individuals with extraordinary ability in fields such as science, education, business, or athletics—typically recognized by sustained national or international acclaim and top-level achievement. These petitions require extensive paperwork and documentation to demonstrate that the employee is among a small percentage of scholars who have risen to the very top of their field of endeavor.

Length of stay: O-1 may be approved initially for up to three years, with one-year extensions as needed.

Processing timeline: Submit immigration processing packet 6-months in advance of intended start date

Cost: The ISSO is funded to cover attorney fees and regular processing fees; the hiring department is responsible for premium processing fees, if needed.

Considerations: O-1 petitions are complex and considered only for long-term, full-time positions when other visas are unsuitable. ISSO forwards all requests for O-1 to outside immigration counsel.