From: "Banci E. Tewolde"
Subject: New Regulation for J-1 Research Scholar/Professor Category
July 28, 2005
Please pass this information to those who are responsible for inviting J-1 Research Scholars/Professors.
The U.S State Department has issued a final rule that will increase the maximum duration of exchange program participation for professors and researchers under the J-1 category from three years to five years. The highlights are as follows:
Maximum Duration of Program Participation: The new regulation increases the maximum duration of participation as a J-1 professor or research scholar from 3 years to 5 years, measured from the program begin date (or initial program begin date for continuing exchange visitors) as documented on SEVIS and ending 5 calendar years later. During the 5-year period, the J-1 scholars will be permitted an unlimited number of departures from and re-entries to the US, provided the scholars are in good standing in the exchange program.
Duration of program participation measured in calendar years: Under this new rule, the 5-year maximum duration is measured in calendar years and will be granted to program participants on a use or lose basis. This means that scholars will not be able to recapture time spent outside the US during the 5-year period.
12 month bar for certain J holders: A foreign national is ineligible to participate in a professor/research scholar exchange program if he or she has held F or J status within 12 month period immediately preceding the start of the exchange program. This 12-month bar also applies to spouses and dependents of the principal visa holder.
Two-Year Bar Against repeat participation in the professor/research category: The regulation prohibits foreign nationals from engaging in repeat participation in the professor/research J-1 category for a period of 2 years immediately following the completion of 5 years of program participation.
However, professors and research scholars who participate in exchange programs under direct sponsorship of a federally funded national research and development center or a US federal laboratory are eligible for extension of their programs for an additional 5 years at the sole discretion of the State Department. To request such an extension the department must demonstrate via documentation that the foreign national continued participation is beneficial to the projects successful conclusion.
We will amend the DS-2019 Fact Sheet consistent with the new regulation. If you have any questions please contact our office.
With the upcoming reorganization which will integrate International Scholars and Faculty Visa Services into the Employee Relations Division effective August 15, please be assured that all contact information (including telephone and fax numbers), processes and protocols currently in place through ISFVS will remain constant. And likewise, all contacts, protocols and processes related to background checking will remain constant as well, with Dovizia Long taking a lead role in those activities effective August 15, 2005.
We look forward to working with all of you in this expanded role and are very excited about this merger.