Flexible Work Procedures for Foreign Nationals
BU guidelines for flexible work outline options for work arrangements that may be available for eligible employees within our residential university environment. The BU guidelines mainly consider the work location and number of days per week. However, since the majority of immigration classifications used to support BU faculty, researchers and other employees require us to document the location(s) where the work will be performed, immigration status is another important consideration. In order to support BU’s flexible work guidelines, we have created some additional requirements for our foreign national scholars and employees.
Flexible arrangements for 1 or 2 days a week where remote employment will be in Massachusetts
These arrangements should 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 most foreign national employees, regardless of their immigration/employment classification. Departments must forward the HR approval e-mail confirming the details of the approved flexible arrangement for all foreign national researchers and employees so that we can document the location of employment in our immigration sponsorship records properly. If the employee is in an academic research position and in the J-1 exchange visitor classification, please allow for 10-business days (from when you provide us the approved HR flexible work agreement) to allow the ISSO to review and amend the researcher’s immigration/SEVIS record to confirm the remote work-site. The 10- business day delay in the start of the arrangement should be noted on the request flexible work request.
J-1 Exchange Visitors with uncompensated Visiting Researcher or Visiting Student appointments: To insure compliance with the Department of State’s directive related to the termination of the public health emergency for COVID-19, host departments must provide (on department letterhead) the terms of the agreed upon flexible work arrangement (ie. on-campus M, W, F; remote T, Th), the scholar’s non-BU worksite address and confirmation that the ISSO will be informed in advance of any permanent changes to the flexible arrangement. Please allow 10-business days for processing; The J-1 visitor should not engage in the flexible arrangement until the ISSO has reviewed and amended the SEVIS record to confirm the remote worksite.
Flexible 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 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: In accordance with the Department of State’s directive related to the termination of the public health emergency for COVID-19, J-1 exchange visitors cannot engage in flexible arrangements of 3 or more days a week. The J-1 sponsorship is based upon the expectation that the scholar or employee will be engaged in the day-to-day BU campus environment. We will review requests for work arrangements based out-of-state for 1 or 2 days a week on a case-by-case basis.
H-1B, TN, E-3 or O-1 employees: ISSO may be able to support flexible work arrangements that are out-of-state or 3 or more days a week by filing an amended petition to USCIS. This additional step is necessary to document the new primary worksite to both U.S. Department of Labor and U.S. Citizenship and Immigration Services. Departments should submit the immigration processing request for the amendment to add or update the work location at least 3 months in advance of the desired start date for the flexible work arrangement as the ISSO will need this time to prepare and submit the required petitions.. The changes may not be implemented until the amendment is filed so advance planning is crucial.
OPT/STEM OPT Employees: Employees working under an OPT or STEM OPT authorization may work remotely as long as they continue to comply with the regulatory requirements regarding practical training, supervisor and mentorship as outlined on their Form I-983. Their associated Form I-983 and SEVIS record should note the remote location as appropriate.
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).
Work performed outside the continental United States
Immigration sponsorship relates to employment and activities in the U.S. so we can only provide immigration sponsorship to foreign nationals scholars and employees working in the US If you are considering employment outside the US for a new or continuing employee, review the information on the HR website and/or email intlhire@bu.edu. Regardless of the duration of the arrangement, it will be important to understand the options and associated payroll and tax implications. If the employee is currently in the U.S. in an immigration classification designed to support employment in the U.S., the change to remote and outside the US will impact and likely nullify the underlying authorization for employment in the US.
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.
