UCAR International Visitor & Scholar Services

UCAR International Visitor & Scholar Services

IMPORTANT CHANGES IN J-1 RESEARCH SCHOLAR/PROFESSOR REGULATIONS

What are the changes?

On May 19, 2005, the Department of State (DOS) published a final rule to implement key changes to the Exchange Visitor regulations affecting the J-1 "Professor" and "Research Scholar" categories. The effective date of the rule is November 18, 2006. Major changes include:

• The maximum period of participation for J Professors and Research Scholars has been raised from three years to five years. The five-year period is not an aggregate of five years. It is a continuous five-year period given to a participant on a "use or lose" basis.
• A new 24-month (two-year) bar on repeat participation in the J-1 Professor or Research Scholar categories will apply to those who complete their program participation in those categories, regardless of whether the full five years is used.

What is the impact on current J-1 Research Scholars?

These new regulations will have a potential impact on all of our current J-1 Exchange Visitors in the Research Scholar category. The positive impact is that for those J-1 Exchange Visitors who are here at UCAR for a long-term appointment, the two additional years may be very beneficial, as they can now extend their J-1 status an additional 2 years. However, once the program at UCAR ends, the 24-month bar will be implemented. The new 24-month bar on repeat participation may have an adverse impact on some of our Exchange Visitors, particularly those who tend to come to UCAR for periods of 6 months or more and then return to their home institution on a regular basis.

Because the new regulations are mandated by DOS, UCAR must comply as an Exchange Visitor Program. We want to inform those who will be impacted by these new regulations that any J-1 Exchange Visitor in the Research Scholar category will now have a maximum period of participation of five years available to them in the Research Scholar category. However, we can only extend the J-1 status with approval of the UCAR division or program. Furthermore, J-1 Research Scholars will be subject to the 24-month bar on repeat participation, once their program is completed in the Student and Exchange Visitor Information System (SEVIS) system (regardless of whether the full five years is used).

Who will the new regulations impact? What if I started my J-1 Exchange Program before the new regulations went into effect, am I still subject to the 24-month bar?

- The new regulations impact anyone who begins a new J-1 Research Scholar/Professor program after November 18, 2006, as well as anyone who has or had an open/active J-1 Research Scholar or Professor record in the SEVIS system on or after November 18, 2006.

- DOS has stated that the 24-month bar will impact anyone who has a J-1 Research Scholar/Professor record open in SEVIS, as long as the record/program will end after November 18, 2006. According to DOS, those whose records closed prior to November 18, 2006 will not be impacted by the new 24-month bar. However, we still have yet to see how immigration officials will handle all of these new regulations.

Are there other options to return to UCAR, once my SEVIS record ends and I become subject to the 24-month bar?

We understand that this new 24-month bar may cause some concern and have a negative impact on some of our J-1 Exchange Visitors. While the new regulations will cause many of our Exchange Visitors to become subject to the 24-month bar, there are other options available, one of which is the J-1 Short-Term Scholar category. UCAR can bring Exchange Visitors to the US in either the Research Scholar or the Short-Term Scholar category. The Short-Term Scholar category does not carry with it any bar on repeat participation. The Short-Term Scholar category allows an Exchange Visitor to come to the US for a maximum of six months per visit. Therefore, if a visitor is subject to the 24-month bar, they can still return to the US for a maximum of six months per visit in the Short-Term Scholar category. New J-1 exchange visitors can also utilize this option to avoid becoming subject to the 24-month bar in the future. It is highly recommended to utilize this category whenever possible. Furthermore, it is possible to enter the US on any other visa type that the foreign national is eligible for (for many of our non-support visitors, this could mean a B1 business visa). This 24-month bar is only on repeat participation as a J-1 "Research Scholar" or "Professor."

What if I need to transfer my J-1 status to another program in the US ?

If you know you will be transferring to another US institution, and thus transferring your J-1 status, this is still possible as long as the UCAR Exchange Visitor Program Responsible Officer (Shonna Montoya) is notified BEFORE the current J-1 program at UCAR ends in the SEVIS system. If we are not notified, and the program ends in SEVIS, the 24-month bar will automatically take effect. It is crucial that the Responsible Officer is notified at least several weeks prior to the program end date at UCAR to work out the transfer with the "transfer-in" institution.

Is there still a 2-year home residency rule? Is there a difference between the 2-year home residency rule and the 24-month bar to repeat participation?

The 24-month bar is not the same as the two-year home residency rule. For more information on the 2-year home residency requirement and waivers, please visit the following DOS web site: http://www.travel.state.gov/visa/temp/types/types_1267.html#12

Basically, the 2-year residency rule will only apply if you meet one of the three criteria that would make you subject (government funding for your program, your home country has your skill designated on the "skills list," your J program is for graduate medical training). If you are subject to the two-year residency requirement, you are not eligible for an H-1B, K, or L visa as well as Legal Permanent Resident status until you have been physically present in your home country for a period of two years, unless a waiver is obtained. The two year residency requirement does not bar you from returning to the US in J-1 visa status. The 24-month bar, however, prohibits you from returning to the US as a J-1 "Research Scholar" or "Professor" only, and you can still return in any other J-1 status or other visa status that you are eligible for. Furthermore, the 24-month bar does not require that you be in your home country for that 24-month period.

Please continue to check back for updates to these new rules.

Please note that these regulations are very new and Exchange Visitor Programs are still trying to understand how to implement and deal with these new changes. UCAR is a member of the NAFSA organization (Association of International Educators), who advocates for and advises J-1 Exchange Visitor Programs. We also work very closely with the University of Colorado to discuss how the new rules will be implemented and handled in our institutions. As these rules begin to take place, it is possible that further advice on these rules and the administration of Exchange Visitor Programs may be released and/or suggested in the future, at which time we will make updates if necessary.

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