Flexible Work Procedures for Foreign Nationals
BU flexible-work guidelines describe possible work arrangements based on work location and days per week. Because most immigration classifications for faculty, researchers, and staff require documented work locations, immigration status must also be considered. To support flexible work while complying with immigration rules, BU has added specific requirements for foreign-national scholars and employees.
Hiring departments must notify the ISSO of all flexible work arrangements and are encouraged to consult with the ISSO prior to approving any flexible work agreement for a foreign national scholar or employee.
Flexible arrangements for 1 or 2 days a week where remote employment will be in Massachusetts
Departments must approve flexible-work arrangements through the HR process. For foreign-national employees:
- Work-from-home up to 2 days/week from a Massachusetts address is allowed for most foreign-national employees, regardless of immigration classification.
- Departments must forward the HR approval email to ISSO so we can document the employment location in immigration records.
- For J-1 academic researchers, allow 10 business days from receipt of the HR-approved agreement for ISSO to review and amend the SEVIS/immigration record. Note this 10-business-day processing time on the flexible-work request; the arrangement should not begin until ISSO completes its review.
For uncompensated J-1 Visiting Researchers or Visiting Students:
- To ensure compliance with the Department of State’s directive, the host department must provide a letter on department letterhead stating the flexible-work schedule (e.g., on-campus M/W/F; remote T/Th), the scholar’s non-BU worksite address, and confirmation that ISSO will be notified in advance of any permanent changes.
- Allow 10 business days for ISSO processing; the J-1 visitor must not begin the arrangement until SEVIS has been updated.
Flexible arrangements for 3+ days a week and/or where the remote employment is not in Massachusetts
Given that these arrangements modify the primary worksite and/or are out-of-state, additional restrictions and processing may apply. Please contact the ISSO in advance of approving any such arrangements.
J‑1 Exchange Visitors
- Cannot engage in flexible arrangements of 3+ days/week per the Department of State directive. J‑1 sponsorship assumes regular presence in the BU campus environment.
- Requests for 1–2 days/week out‑of‑state will be reviewed case‑by‑case.
- ISSO must review and update SEVIS before any approved arrangement begins.
H‑1B, TN, E‑3, O‑1 Employees
- Out‑of‑state work or flexible arrangements of 3+ days/week may require an H‑1B/TN/E‑3/O‑1 amendment filed with USCIS to document the new primary worksite.
- Departments should submit an immigration processing request at least 3 months before the desired start date to allow time to prepare and file the amendment.
- Changes may not take effect until the amendment is filed.
OPT / STEM OPT Employees
- Remote work is permitted if it continues to satisfy practical training requirements, supervision, and mentorship as described on Form I‑983.
- Form I‑983 and the SEVIS record should reflect the remote work location as appropriate.
If in doubt, contact ISSO before finalizing or implementing any flexible or out‑of‑state work arrangement.
Required documentation and notifications for ALL flexible work approvals
Please forward the HR approval confirming the details of the approved flexible arrangement for all foreign national scholars and employees. This documentation will allow us to update our records and properly document work locations in the case of a USCIS audit or site visit. The ISSO must also be notified in advance of any changes to already approved flexible 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).
Required documentation and notifications for ALL flexible work approvals
Immigration sponsorship covers employment and activities in the U.S. only. We cannot sponsor foreign-national scholars or employees for work performed outside the U.S.
If you are considering employment outside the U.S. (new or continuing employee), consult the HR website and/or email intlhire@bu.edu. Regardless of duration, you must review payroll and tax implications. If the employee is currently in the U.S. on a status that authorizes U.S. employment, moving work abroad will likely invalidate that authorization.