Two-Year Rule for Professors and Research Scholars

On May 19, 2005, the Department of State published a final rule to implement major changes to the J-1 Exchange Visitor regulations that affect the “J” category of Professor and Research Scholar. These changes will become effective November 4, 2006. These changes include:

The new rule for the Professor and Research Scholar category will lengthen the maximum program duration from three years to five years. This five-year period is a cumulative total of five years beginning on the date of entry to the U.S.
The five-year calendar period is based on a “use or lose” basis. For example, any amount of time that a participant returns home will have that time counted towards the total five-year calendar period. This includes time away for vacation and holiday visits.
Individuals who have entered the U.S., or who have acquired such status while in the U.S., are NOT eligible for repeat participation in the Professor or Research Scholar category for a period of two years following the completion of the five-year period.
Current J-1 Professors and Research Scholars are eligible for extensions in the current program up to the five year maximum.

What is the meaning of “bar”? This term refers to an individual’s ineligibility or ban from entry or re-entry into the U.S. An individual who has participated in the Exchange Visitor category of Professor or Research Scholar becomes subject to the two-year bar for repeat participation as a result of two circumstances:

The exchange visitor completes a full five calendar years of program participation with one or more sponsors, OR;
The exchange visitor participates in a Professor or Research Scholar program and the *SEVIS record becomes inactive before the full five-year period has been completed. For example, an individual is supported for a two year program with one sponsor.

At the end of the program the individual will not be eligible to access the remaining unused time after the current sponsor inactivates their SEVIS record. The individual must wait outside the U.S. for two years before beginning a new J-1 Professor or Research Scholar program.

Individuals will now need to obtain an extension of program participation in order to keep their SEVIS record active. This could be done by the current sponsor, if circumstances allowed, or if the individual transferred to another sponsor. For example, if the participant completes a program at one institution, which is less than five years, the participant has the option to transfer to another institution and have the current program extended up to the maximum duration of five years, or return home and fulfill the two year bar.

What does this mean for current J-1 Professor or Research Scholar participants? Individuals whose program participation ends before November 4, 2006 will remain eligible for repeat program participation under the current a 12-month bar. Those individuals who continue to participate in the program after November 4, 2006 are eligible for a five-year period of time for program participation under this category AND will be subject to the two-year bar rule.

*SEVIS is a government web-based program that tracks and monitors schools and programs, students, exchange visitors and their dependents throughout the duration of approved participation within the U.S. education system.