New 5 Year Rule for J-1 Exchange Visitor Research

Scholars/Professors

With the release of SEVIS 5.4 on November 17, 2006, the U.S. Department of State introduced changes to the regulations governing the J-1 Exchange Visitor Research Scholar/Professor Category. These changes became effective on November 18, 2006.

Maximum Length of Stay Now 5 Years

The maximum length of program for J-1 exchange visitors in the Research Scholar and Professor category has been increased from three to five years. The five year maximum stay for a J-1 research scholar/professor is not counted in the aggregate. The five year "clock" begins with the start date on the DS-2019 form and this status remains available until the end of five years or the date the J-1 program is concluded, whichever is earlier.

Two-Year Participation Bar

At the end of the J-1 research scholar/professor's exchange visitor program, regardless of the length of the stay (7 months, 2 years, or 5 years), the exchange visitor becomes subject to a "two year bar on repeat participation as a J-1 research scholar or professor." This means that when a research scholar/professor completes his or her J-1 program participation, regardless of length, the J-1 research scholar/professor status is concluded and is not eligible for another stay as a J-1 research scholar/professor until two years have passed.

This bar is different from the two year home country residence requirement (see below) and only applies if the individual wants to return to the U.S. in the J-1 research scholar/professor category. The two years can be spent in the U.S. in another J-1 category (i.e. short term scholar or specialist) or in another immigration status, e.g. H-1B, if eligible.

Existing 12 month bar

There currently exists a 12 month bar for persons seeking to use the J-1 Research Scholar/Professor category. This bar applies to individuals who have been in the US in any J status (all categories except short term scholar, and including J-2 status) for six months or more in the 12 month period immediately prior to the proposed start date on the new J program. Prospective J-1 research scholar/professors who are subject to the two year bar on participation are not subject additionally to the 12 month bar.

Two Year Home Residency Requirement

The two year bar on participation is different than the 2-Year Foreign ("Home") Residency Requirement (212(e)).