Five-Year J-1 Professor/Research Scholar Rule

The U.S. Department of State has issued a new rule which affects scholars who enter the United States in the J-1 Professor or J-1 Research Scholar categories. The new rule affects both the maximum duration of participation in the Professor or Research Scholar categories and the visiting scholar's eligibility to return to the United States for an additional J-1 program. The changes were implemented November 17, 2006.

The major changes include:

  • Five-Year Rule:
    The maximum period of participation for J Professors and Research Scholars will be raised from three years to five years. The period of participation is a five-year period, which starts from the program begin date on the DS–2019. This means that exchange visitors on these two categories may now extend up to five years, if needed. The extension procedures will remain the same at ISSS (application, ISSS fee, etc.).
  • 24-Month Bar:
    A new 24-month (two-year) bar on repeat participation in the J Professor or Research Scholar categories will be instituted for those who complete their program participation.
    This means that any scholar that comes to the United States for any length of time in the Professor or Research Scholar categories will not be able to come back to the United States in the J Professor or Research Scholar categories for a period of two years.

Application of the Five-Year Rule and the 24-Month Bar:

The Five-Year Rule and the 24-Month Bar will apply only to those who:

  1. Are currently in the United States in J status AND
  2. in the Professor or Research Scholar categories AND
  3. for any length of time AND
  4. will complete their J program on or after the date the new rule becomes effective OR
  5. New incoming J Exchange Visitors on the Research Scholar or Professor categories

Additional Information:

The five-year period is a “continuous” period given to a participant on a “use or lose” basis.

Example #1:
A Research Scholar or Professor comes to Florida Tech for two years, decides to take a break or a work-related leave while remaining active on the current J program and returns home for six months. After six months, s/he then returns to Florida Tech. In this case, s/he will have two and a half years left in their J program. In other words, the six months outside of the United States counts toward the total five-year period.

Example #2:
A Research Scholar or Professor comes to Florida Tech for two years and returns home without remaining active on the current J program. While at home, the scholar and department in which the scholar or professor was associated with at Florida Tech decide there is more work to be done. So, the scholar decides to come back to Florida Tech as a Research Scholar or Professor. In this case, the scholar is subject to the 24-month bar and will not be able to return to the United States on the Research Scholar or Professor categories for two years following the date s/he originally returned home. For this scholar, other visa types or J categories may be an option.

24-Month Bar vs. the Two-Year Rule (212e):

The new 24-month bar should not be confused with the Two-Year Rule (212e). These are two completely different regulations.

The two-year rule (212e) may apply to anyone who enters the United States on a J visa, based on three eligibility requirements. The 24–Month Bar only applies to J visa holders who enter the United States on the Research Scholar or Professor categories.

The Five-Year Period and 24-Month Bar do not apply to other J categories. Therefore, international students and scholars who wish to return to the United States without waiting 24 months may do so on other visa types or in other J categories (i.e., Short-Term Scholar, J–2 Dependent, J Student) based on their eligibility.

Application of the Existing 12-Month Bar:

The existing 12-Month Bar will continue to apply to those who:

  1. Have been in the United States in J status (all categories, except the short–term scholar category) AND
  2. for six months or more in the 12-month period immediately preceding the proposed DS-2019 start date

Visitors who are subject to the 12-Month Bar are not eligible to begin a new program in the J Professor or Research Scholar categories until 12 months have passed since they were in J status actively participating to their program. However, they are eligible to return to the United States on other visa types or in other J categories (i.e., Short-Term Scholar, J–2 Dependent or J Student).

The 12-month bar does not apply to those who are subject to the 24-month bar. In other words, those individuals who are subject to the 24-month bar will not be subject to an additional 12-month bar.

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