DOS Releases New Rule for J-1 Professors and Research Scholars

To foster the exchange of ideas, culture, research and mutual enrichment between Americans and foreign nationals, the Department of State issued a final rule extending the duration of program participation for professors and research scholars from the current three years to five years. The five-year period begins on the participant’s program start date as documented by SEVIS and ends five calendar years from that date.

During the five years, the participant may depart and reenter the United States an unlimited number of times, as long as he or she is in good standing with the program sponsor. Those absences, however, will not toll the five-year period. The participant may not extend the five-year period, unless a Federally Funded National Research and Development Center or a U.S. Federal Laboratory directly sponsors him or her.

A participant in the program cannot repeat participation as professors or research scholars for a period of two years after the end of the five-year period. The scholar, however, may participate again at an early time if he or she completes an exchange program of less than five years, remains outside the United States for two years, and then applies. For example, if the participant finishes the first program in three years and leaves the country for the next two, the scholar may participate again in a five-year program starting at the date that essentially would be the end of the first five-year period.

The rule does contain several conditions to which the scholar or professor is subject. First, the participant cannot be eligible for a tenure track position. Second, the rule includes a “12-month bar” for any non-immigrant and accompanying spouse or dependent that held an F or J visa within the 1-year period immediately preceding the start of the program, unless the candidate transfers to the sponsor’ program and was in the Unites States less than six months or was here pursuant to a short-term scholar exchange.

The site of the exchange must be the location of the exchange visitor program sponsor or the location of a third party facilitating the exchange that has the permission of the Responsible Officer. A scholar may participate or attend occasional lectures directly related to the exchange program if granted permission by his or her sponsor. The lectures or consultations cannot delay the completion of the scholar’s program. Finally, all lectures must be documented in SEVIS. In order to obtain permission to participate in the short-term lecture or consultation, the participant visitor must present to the responsible officer: (1) a letter from offering employer stating terms and conditions of lecture or consult, and (2) a letter from visitor’s supervisor recommending the activity.

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