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Program Categories and Time Limitations

professors, research scholars & short-term scholars

To be eligible for any category of the J-1 Exchange Visitor Program, participants must not be candidates for tenure track positions. Each category has its own acceptable activities and time limitations.

definitions

Professor

An individual primarily teaching, lecturing, observing, or consulting at post-secondary accredited educational institutions, museums, libraries or similar types of institutions. A professor may also conduct research, unless disallowed by program sponsor.

Research Scholar

An individual primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. The research scholar may also teach or lecture, unless disallowed by the sponsor. Professor and Research Scholar are two separate categories, but because they are related, regulations are similar.

Short-Term Scholar

A professor, research scholar, or person with similar education or accomplishments who visits the U.S. to lecture, observe, consult, train, or demonstrate special skills at research institutions, museums, libraries, post-secondary accredited educational institutions, or similar institutions.

Time Limitations

Category	Minimum Duration of Stay	Maximum Duration of Stay	Other
Professor	3 weeks	5 years	Subject to Repeat Participation bar, 12-month bar
Research Scholar	3 weeks	5 years	Subject to Repeat Participation bar, 12-month bar
Short-Term Scholar	None	6 months	No extensions possible. Not subject to 12-month bar

*2 year “Repeat Participation” Bar

      Any individual who participates in an Exchange Visitor Program in the Professor or Research Scholar categories on or after November 18, 2006 is subject to a two year bar on “repeat participation” in these categories.  Scholars subject to the bar may not return to the U.S. as a J-1 scholar in the Professor or Research Scholar categories for a two year period. 

The two year bar will be in effect regardless of whether the scholar is in the program for a few months or the full five years.  Whenever the program ends and the SEVIS record becomes “inactive” the scholars program ends and the five year period is closed. The scholar must wait two years before beginning a new program as a Professor or Research Scholar.  Any unused time from the five year period can not be saved and used later. 

The bar does not require the scholar to be physically outside of the U.S. It only requires that the person not be in J-1 Research Scholar or Professor program status for two years before becoming eligible for another 5-year period of program eligibility in J Research Scholar or Professor category. 

The J-1 Exchange Visitors in the short-term scholar or student categories are not subject to the two year bar. 

*Twelve – Month (One Year) Bar

If an individual was present in the U.S. in any J category including J-2 in the 12-month period before the proposed new program start date the prospective scholar maybe subject to the 12 month bar. 

        The three exceptions are:

• If the individual is transferring to a new program sponsor under the transfer procedures of 22 C.F.R.62.42.

• If the individual was a short-term scholar the 12 month bar does not apply.
• If the individual’s presence in the US as a J-1 or J-2 status during the 12 month period is less than 6 months the 12 month bar does not apply.    

Two Year Home Country Residency Requirement (212e)

Some J Exchange Visitors are subject to a two year home country residence requirement.  The two-year home country residency requirement is different from the two year bar on “repeat participation”.  Exchange Visitors in any J category may be subject to the home country residency requirement (212e). 

Any J-1 scholar or J-2 dependents subject to the requirement must return to and reside in their home country for an aggregate two-year period after completing their J program.  The home country residency (212e) requirement does not prevent the scholar from returning to the U.S. in a status other than H-1b, L-1 or Permanent Resident. 

J-1 Exchange Visitor may be subject to the two year home country residency requirement if:'

• The scholar receives financial support from U.S government, home country government, international organizations or through program sponsors (e.g. Fulbright), or the scholar’s home country government has included the scholar’s area of expertise on a “Skills List”.  The “Skills List” is published by the U.S. Department of State.

             http://www.travel.state.gov/visa/temp/types/types_4514.html

For further information click here!

     

30-Day Grace Period

Program duration times are governed by the time limitations described above. However, Exchange Visitors may enter the USA up to 30 days before the official program start date and exit the USA up to 30 days after the official end date. During these 30-day grace periods, the EV may travel or prepare for departure. However, any official duties or employment is not permissible outside the official program dates.

Other J-1 Exchange Visitor Categories

There are other categories of exchange visitors that are not discussed in this document. These include students, trainees, specialists, teachers at primary or secondary schools, etc. Oklahoma State University may also sponsor J-1 students, but does not have authority to sponsor exchange visitors in any of the other categories.

For more information on the J-1 Exchange Visitor Program, go to:

U.S. Department of State website

U.S. Immigration and Customs Enforcement website