Alternate BU Sponsorship Options
While the majority of BU scholars are sponsored in J-1 or H-1B categories, occasionally an alternative sponsorship category, such as Trade NAFTA or O-1, may be most appropriate to facilitate your BU activity.
Trade NAFTA (TN)
Eligibility
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico. TN status allows sponsorship for nationals of Mexico and Canada in certain occupations and generally requires a minimum of a bachelor’s degree—however, additional educational requirements determined by the TN agreement vary depending on your proposed employment. Most academic research and teaching positions at BU, as well as some other limited specialized occupations, meet the Trade NAFTA requirements. Qualifying family members may be eligible for TD dependent status.
Length of Permitted Stay
BU will work with you and your BU department to prepare the appropriate paperwork or USCIS petition. The TN can be requested for a maximum of three years at a time, depending on the length of your BU appointment.
Your permission to remain in the US and to work are both tied to the end date given on your most recent I-797A Approval Notice or your most recent I-94 or US entry stamp, whichever is earlier. There is no grace period in the TN status.
Considerations
The TN authorization is job description-, title-, and employer-specific. Therefore, your sponsoring department must contact the ISSO to initiate an amended petition prior to any substantive changes to your activities including, but not limited to, changes in employment, compensation, location of employment, duration of appointment, change in immigration status, and termination of activity. Failure to comply with these regulations may jeopardize the lawful immigration status of you and your family as well as BU’s ability to sponsor international scholars in the future.
O-1
Eligibility
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability in the fields of science, education, business, or athletics means a level of expertise indicating that the person is one of a small percentage who has risen to the very top of the field of endeavor.
Length of Permitted Stay
BU will work with you and your BU department to evaluate whether the individual may meet minimum requirements. BU may hire an immigration attorney to prepare and submit the appropriate paperwork to USCIS. The O-1 can be requested for an initial period of three years, with one-year extensions, depending on the length of the BU appointment.
Your permission to remain in the US and to work are both tied to the end date given on your most recent I-797A Approval Notice or your most recent I-94 or US entry stamp, whichever is earlier. There is no grace period in the O-1 status.
Considerations
Because of the complicated and time-consuming nature of an O-1 application, it is generally only considered a viable option for long-term, full-time employment if there are no other appropriate classifications available to employ faculty or researchers.
The O-1 classification is event-based, which means the O-1 authorization may allow for multiple events provided they are outlined on the O-1 petition and related to the beneficiary’s extraordinary ability. Your host department must contact the ISSO to initiate an amended petition prior to any substantive changes to your activities including, but not limited to, changes in employment, compensation, location of employment, duration of appointment, change in immigration status, and termination of activity. Failure to comply with these regulations may jeopardize the lawful immigration status of you and your family as well as BU’s ability to sponsor international scholars in the future.
