New Program Length and Two-Year Bar

Beginning on November 18, 2006, the maximum program length for J-1 exchange visitors in the Research Scholar and Professor categories increased from three to five years. At the same time, a new 24-month (two-year) bar on repeat participation was also instituted in the J Research Scholar and Professor categories. This two-year bar is different from the 212 (e) 2-year home residency requirement in place for the J Exchange Visitor Program.

Example:

• J-1 status exchange visitor in the Research or Professor category arrives in the U.S. (start of five-year period)
• Visitor completes program up to five years later (program could be shorter than this)
• Visitor must wait two years after the program completion date to start a new program as a J Research Scholar or Professor

You do not need to reside outside of the U.S. during the two-year wait to start a new program. During this period, you may remain in the U.S. in another J category or immigration status, if possible.

12-Month Bar Provision
You are still not eligible to begin an exchange visitor program as a J Research Scholar if you were physically present in any J status (including J-2 dependent status) for all or part of the twelve-month period immediately preceding the start date of the program you are entering. Exceptions to this rule are if you are transferring to the sponsor’s program, if your presence in the U.S. was less than six months long, or if you were in the U.S. under the J Short-Term Scholar category. If you completed a J Research Scholar exchange visitor program before November 18, 2006, you are subject to the 12-month bar provision (if applicable), not the two-year bar rule. 

Exclusion of Tenure Track Position

Candidates for tenure track positions are still not eligible to be J Research Scholars. 

212 (e) 2-year Home Residency Requirement

Persons subject to the 212(e) 2-year home residency requirement are still not eligible to change their immigration status in the U.S. and cannot obtain H-1B or permanent residency status until the requirement has been met or waived. Those who are subject to 212(e) based on their research area may be able to obtain a waiver of the requirement from the U.S. Department of State in conjunction with their home country government, while those subject based on government funding may have limited waiver options. (more information )