H-1B Regulations and Responsibilities

The H-1B classification permits U.S. employers to temporarily hire foreign workers in specialty occupations. BU has petitioned for your H-1B to cover employment under the appointment terms filed with USCIS. As an H-1B employee, you must follow the rules that maintain your immigration status while working at BU.

DHS – U.S. Department of Homeland Security – an agency of the U.S. government that houses, among other entities, the three immigration-related departments:

• USCIS – U.S. Citizenship and Immigration Services Approves immigration benefits, including employment authorization
• ICE – Immigration and Customs Enforcement Charged with enforcement of immigration-related infractions
• CBP – Customs and Border Protection Operates U.S. ports of entry and departure

DOS – U.S. Department of State – an agency of the U.S. government that oversees U.S. embassies and consulates abroad and adjudicates applications for visas to the U.S.

DOL – U.S. Department of Labor – an agency of the U.S. government that oversees issues related to employment in the U.S.

Keep the following documents valid at all times to maintain lawful H-1B status:

• Passport — valid at least six months into the future.
• Form I-797 — H-1B approval notice (shows your name, citizenship, DOB, and authorized employment period). Present this to a consular officer for a visa and to CBP when entering the U.S.
• I-94 arrival record— Confirms your current U.S. status and duration of your current stay in the U.S. (download at www.cbp.gov/I94).
• H-1B entry visa — required for entry/re-entry to the U.S.; it may expire while you remain in the U.S.
• I-129 petition — a copy of the petition BU filed on your behalf (ISSO provided this electronically). Carry it for visa appointments if needed.
• Labor Condition Application (LCA) — BU’s DOL certification of wage, working conditions, and benefits; a copy was included with your petition and ISSO must confirm you received it.

Keep originals secure. If documents are lost, stolen, or damaged, replace them promptly and contact your ISSO advisor for guidance. Always bring your passport and I-797 when visiting ISSO and send copies of any renewed or replaced documents so ISSO can update your records.

To maintain lawful H-1B status, follow these requirements:

Orientation & Check‑In

• Attend a one‑on‑one H‑1B orientation with your ISSO Advisor to review your sponsorship requirements.
• New employees must begin work on the date on Form I‑797. If you cannot start on the I‑797 date, notify your ISSO Advisor and hiring department immediately. See ISSO Clearance and Onboarding for details.
• Continuing employees changing to H‑1B, the ISSO will update your I-9 employment eligibility upon receipt of your Form I-797 approval and invite you to schedule an H‑1B for details about your new H-1B status.

Report Current Address

• Submit your change of address to USCIS within 10 days of arrival or any address change. If you have dependents in H-4 status, they will need to submit separately.
• Also email issosch@bu.edu and update your address in BUworks Central.

Changes to Employment Terms

• Your H‑1B is tied to the petitioned department, title, duties, worksite, salary, and percent effort (full time v. part-time). Notify ISSO before any expected changes. Some changes may require an H‑1B amendment; changes requiring an amendment cannot legally take effect until the amendment is filed.

Failure to Comply

• Noncompliance with DOS/DHS requirements can have serious immigration consequences. Work closely with ISSO to remain in compliance and contact us promptly with any questions or changes.

If you are married or have children under 21, your spouse and/or children may join you in the U.S. as H-4 dependents (either when you enter or later). If they are already in the U.S. in another status, they may apply for an H-4 extension or change of status.

H-4 dependents may stay only while the H-1 employee maintains valid H-1 status. H-4s may study full- or part-time; an H-4 spouse can work only in limited circumstances. Children must change status or depart upon turning 21. Contact your ISSO advisor with questions.

Your H-1B only authorizes you to work for BU in the job described in the approved petition.

You may not:

• Work for another employer unless that employer files a concurrent H-1B petition.
• Work in a different BU department, lab, or center, or add duties to your authorized BU appointment, without prior ISSO review and approval.

In some cases ISSO can file an amended H-1B petition to cover changes; in other cases additional duties or placements will not be permitted. Contact ISSO before making any changes.

You may accept invitations to give lectures or seminars elsewhere, but you must not accept payment. The host may reimburse reasonable travel-related expenses (transportation, lodging, meals), but may not pay honoraria or other compensation—receiving payment would violate your H-1B status.

Contact ISSO before any international travel — rules and processing can change, and visa delays may occur due to politics, your field, citizenship, or where you apply.

Initial entry (new H-1B hires outside the U.S.)

• Apply for your initial H-1B visa at a U.S. consulate. See Applying for a U.S. Visa or contact your ISSO advisor.
• You may enter the U.S. up to 10 days before the start date on your Form I-797.

Travel within the U.S.

• You may travel if you maintain H-1B status and carry a valid passport current I-94 arrival record and Form I-797.

Travel abroad and re-entry

• You may return in H-1B status if you have a valid passport, valid H-1B visa stamp (except Canadian citizens), and a current Form I-797 showing BU employment.
• If you changed to H-1B from another status and plan a short trip to Canada or Mexico, you may qualify for automatic visa revalidation (return within 30 days). Consult ISSO first.

If you have pending USCIS applications

• International travel can affect USCIS filings (extensions, employer changes, green card petitions). Consult ISSO and/or an immigration attorney before traveling.

Applying for a new H-1B visa while abroad

• A valid H-1B visa is required for re-entry (except Canadians). You may remain in the U.S. with an expired visa so long as you maintain lawful status and have a valid passport and Form I-797, but you must obtain a new visa when you next travel abroad.
• If you will apply for a visa while traveling, notify ISSO before you go. Appointment availability, processing and security checks can cause significant delays, be prepared for delays, especially during peak travel times.
• See ISSO Travel Advisory for updates.
• After re-entry, review your I-94 arrival record and entry visa. Contact ISSO immediately if your admission appears incorrect.

You may take individual classes while maintaining authorized H-1B employment at BU. Enrolling in a full-time degree program may conflict with H-1B terms—consult your ISSO advisor before enrolling. Tuition remission may be available to full-time BU employees; contact HR for details.

You must remain continuously employed at BU under the terms of your approved H-1B until your appointment ends or you resign/are terminated. Employment interruptions can seriously affect your H-1B status. Contact ISSO before any planned leave so we can advise you and your department on immigration implications and possible options.

If you plan FMLA, unpaid personal leave, or a sabbatical (including junior sabbatical), provide ISSO with detailed information about your intended activities and location during the leave so that we can assist you and your department and provide information about what activities may be allowable and what activities may not. Because sabbaticals are usually approved well in advance, notify ISSO as early as possible.

USCIS may conduct random site visits to verify information in H-1B petitions. These visits are routine and may occur without advance notice.

• If selected, USCIS usually contacts ISSO first. ISSO will notify you and help arrange the visit.
• You may be asked to show your workspace, confirm appointment terms, and provide a recent pay statement (obtainable via BUWorks).
• Your supervisor or department administrator may also need to provide information.
• Always ask to see the investigator’s identification. If an investigator contacts you directly, contact ISSO immediately.

• H-1B petitions may be granted for up to three years per petition and extended until you reach a total of six years in H status. Prior H time, funding, and other factors affect sponsorship. The six‑year limit resets only after you spend at least one year outside the U.S.
• You may work for BU through the end date on your Form I-797 (or until your BU employment ends, if earlier). If you resign or are terminated before the I-797 end date, BU must withdraw the H-1B petition and underlying Labor Condition Application.
• If Boston University terminates your employment before the I-797 expires, the department must pay reasonable transportation back to your home country or last legal residence.
• USCIS or CBP may grant a discretionary 10‑day period after the I-797 end date for departure; this is not guaranteed and does not permit employment unless shown on your I-94 arrival record.
• In limited cases, a grace period of up to 60 days may be available if your BU employment ends early to allow time to find new employment. Consult ISSO for eligibility and details.
• If you plan to leave BU for another employer, coordinate with the new employer, ISSO, and/or an immigration attorney to avoid status violations.
• To avoid gaps, submit extension requests to ISSO at least six months before your I-797 expiration.

Contact ISSO promptly to maintain lawful status if any of the following occur:

• Change to your legal name, U.S. address, phone, email, country of citizenship, or immigration status
• Any change to your BU appointment/employment (title, duties, hours, salary, percent appointment, etc.)
• Any error on your Form I-797 Approval Notice
• You plan to travel abroad and will apply for a new visa before returning
• You or your H‑4 dependents re-enter the U.S. and have questions about your entry visa or I-94 arrival record
• Loss or theft of immigration documents
• You plan to change immigration status
• You plan to take a leave of absence (including FMLA, sabbatical, junior scholar leave)
• You want to add dependents in H‑4 status
• You are contacted by a U.S. government representative or selected for an H‑1B site visit
• You are charged with or under investigation for any felony or misdemeanor

When in doubt, contact ISSO.

U.S. immigration laws impose serious penalties for H-1B violations. Failure to comply can lead to unlawful presence, removal (deportation), and long-term inadmissibility bars of 3–10 years or, in some cases, permanent ineligibility.

Work closely with ISSO to comply with H-1B rules. If a violation occurs, contact ISSO immediately so we can review your options and, if appropriate, refer you to an immigration attorney.