The rule denies visas to those persons who leave the US and seek to reenter in a new J-1 program if they have been in the US in J visa status in the previous year.
Under the current rules, a Responsible Officer of a J-1 visa program may request that the USIA extend the program duration of a professor or research scholar for up to an additional three years if the Responsible Officer can show a "good cause." Many Responsible Officer's have interpreted the provision to allow extensions if the professor or scholar is involved in on-going research or an institution relies heavily on the professor or scholar. The USIA has stated that these reasons are not sufficient and has now decided to change the standard to "exceptional or unusual" circumstances. The USIA has stated that extensions under the new standard will generally involve situations in which the professor or research scholar has been prevented from completing his or her program due to factors not directly related to the project. The provision specifically states the following:
"The Agency may extend, upon request and in its sole discretion, the three year period of the program...A request for Agency authorization to extend the period of program participation for a professor research scholar shall:
(i) Be submitted to the agency no less than 90 days prior to the expiration of the participant's permitted three year period or program participation; and
(ii) Present evidence...that such request is justified due to exceptional or unusual circumstances and is necessary in order to permit the researcher or professor to complete a scientific project or research activity.
The new rules also permit the USIA to grant authorization to a program sponsor to conduct a program longer than three years. Extended programs are permitted in order to further international science projects conducted in the US. Other programs which might be covered include those where foreign-educated professors or researchers are selected for participation in foreign or US government funded activities since such projects promote the diplomatic mission underlying the J visa program.
The new rule also contains a provision barring persons from acquiring J visa status if they have been in the US in J status in the previous year. The new rule is intended to address the practice of issuing an IAP-66 form to a participant that has completed a three year program as a professor or researcher and exited the country who seeks to reenter under a "new" program.
Despite a number of objections, the new rules will take effect right away. But thanks to efforts by the National Association of Foreign Student Advisors, the USIA will immediately extend, by 150 days, the effective date of the 90-day advance extension request requirement.
