Quick Links:
On This Site
updated 8/6/2010
24-Month Bar on Repeat Participation in the Research Scholar/Professor Category
| On This Page: |
|---|
Summary of changes to regulations governing the J-1 Exchange Visitor Research Scholar/Professor Category, retroactively effective from November 18, 2006.
Five Year Rule
Effective November 18, 2006, the maximum length of Program for J-1 Exchange Visitors in the Research Scholar and Professor categories has been increased from three to five years. This five year maximum stay is a “continuous” period, and not counted as an aggregate. Once the Exchange Visitor begins his or her J-1 Program, this five year period begins. It stays open until the end of the five years or when the J-1 Program is concluded – whichever is earlier. The I-Center will issue the initial DS-2019 for the duration of the appointment, and extend it up to a maximum of five years when requested by the Stanford department.
24 Month Repeat Participation Bar
Effective at the end of the J-1 Exchange Visitor’s Program, regardless of how short or long that stay is (a few months, a few years, or five years), SEVIS closes the J-1 Exchange Visitor’s Program. The J-1 Exchange Visitor then becomes subject to a “24 Month Bar On Repeat Participation As A Research Scholar Or Professor.” This means that when a Research Scholar or Professor completes his or her program, regardless of the length, the J-1 Research Scholar or Professor status is concluded and the person is not eligible for another stay as a J-1 Research Scholar or Professor until 24 Months have passed. In other words, it bars issuance of a new DS-2019 for the Research Scholar (or Professor) category with a start date earlier than 24 months after the end date of the previous Research Scholar program. This applies even in cases when the second period of activity is at a different institution.
Effect of 24 Month Participation Bar on J2 Dependents of J1 Exchange Visitors in the Research Scholar/Professor categories
The J regulations have been clarified to indicate that the 24 month Repeat Participation Bar applies to J2 dependents. Someone in J2 status as the dependent of a Research Scholar would not be eligible for issuance of a J1 DS-2019 for the Research Scholar category until 24 months have passed after the date that the J1 actually completes the program. This means that J2s who are currently dependents of J1s in the Research Scholar category are ineligible for a DS-2019 to begin a program as a J1 Research Scholar until the J1, whose status to which the J2 is attached, has completed and 24 months have passed after that date of completion.
The 24 Month Participation Bar is different from the the “2 Year (‘Home’) Residency Requirement” (212(e))* and only applies if the individual wants to return to the U.S. in the J-1 Research Scholar or Professor category. The 24 Months can be spent in the U.S. in another J-1 category (i.e. ‘Short-Term Scholar’) or in another immigration status (e.g. H-1B) depending on individual circumstances.
It also applies to all new incoming J-1 Exchange Visitors in the Research Scholar and Professor categories
Example I: Dr. Li is appointed to a visiting faculty position at Stanford University, starting September 24, 2007, and concluding on June 15, 2008. Stanford University issues her a DS-2019 in the Research Scholar or Professor category to cover the period of her appointment. At the end of this appointment, Dr. Li returns to her faculty position in China, and her J-1 Program is marked as “completed” in SEVIS. Now Dr. Li is subject to the “24 Month Bar On Repeat Participation As A Research Scholar Or Professor” and cannot return to the U.S. in the J-1 Research Scholar or Professor category until June 16, 2010, either at Stanford or any other university.
Example II: Dr. Gupta comes to MIT as a J-1 Research Scholar in January 2004. He completes his Program on December 10, 2006, after which he returns to his home country. In January 2007, Stanford offers him a one-year Research Scholar position. Since Dr. Gupta’s SEVIS record has already been marked as “completed”, he will have to wait until December 9, 2008 (24 Months) before he can return to Stanford (or any other University) as a J-1 Research Scholar.
This means that departments cannot accept J-1 Research Scholars/Professors who have been at another University in a similar J-1 category without determining eligibility under the new rule, even if the person would meet our requirement for total duration of post-doc appointments. Depending on individual circumstances, scholars such as Dr. Gupta may be eligible for a different visa type or a six month non-extendable stay as a Short-Term Scholar.
Example III: Dr. Fan comes to the University of Pennsylvania as a J-1 Research Scholar in Jan 31, 2007. The University of Pennsylvania issues a DS-2019 to cover her appointment until January 30, 2008. In November 2007, she is offered a similar one year position at Stanford University with a start date of January 25, 2008. Dr. Fan is eligible to “transfer” as long as the entire transfer process (transfer out by Penn, transfer in by Stanford) is completed before the program end date (Jan 30, 2008 in this example). Although Dr. Fan is subject to the “24 Month Bar On Repeat Participation As A Research Scholar Or Professor”, her ‘transfer’ is allowed because the ‘transfer’ process is completed before the current Penn J-1 Program end date. It is important that Stanford University (specifically the Bechtel International Center) receive a transfer-in DS-2019 application from the Stanford department in a timely manner –minimum two to four weeks before Dr. Fan’s current DS-2019 expires.
Twelve Month Bar Pertinent to Previous Status in Other J Categories
A restriction may also exist for anyone who has previously been in another J-1 or J-2 category who seeks to use the Research Scholar category. Those who were in any J category (other than Research Scholar) more than 6 months are ineligible for the Research Scholar category until 12 months have passed after the end of that J program. Anyone previously in the Research Scholar category for any amount of time is ineligible to begin a new program as a Research Scholar until 24 months have passed after the end date of the previous J program. J2 dependents of a current Research Scholar cannot be issued a DS-2019 for J1 Research Scholar status until the current program ends and 24 months have passed after that end date.
Guidelines for Stanford Appointments
The I-Center will issue a DS-2019 for the period of the initial appointment (for a maximum of five years) as long as there is evidence of continued funding. If the initial DS-2019 is issued for a period of less than five years, and the Stanford department wishes to request an extension (for a total of up to five years) they must submit a request for extension (including the Funding Attestation Form) to the I-Center six to eight weeks prior to the expiration of the current DS-2019.
Short-Term Scholar Category
Departments should consider the use of the J-1 ‘Short-Term Scholar’ category when a scholar visits Stanford or another U.S. institution on an on-going basis for visits that last no more than six months each OR when the scholar’s visit is for six months or less and he/she does not want to be affected by the “24 Month Repeat Participation Bar” in the future. ‘Short-term Scholar’ participants are not subjected to the “24 Month Repeat Participation Bar” on participation, however extensions beyond six months per visit are not permissible.
*24 Month Home Residency Requirement
The “24 Month Bar on Repeat Participation” is different than the “Two Year Foreign (‘Home’) Residency Requirement” (212(e)). For information about 212(e), please visit the State Department's site here.
If you have questions about this regulation please direct your questions and inquiries to HelpSU: Category – Central Office Issues, Type – Immigration.
