Missouri State University

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November 17, 2006, the U.S. Department of State introduced changes to the regulations governing the  J-1 Exchange Visitor Research Scholar/Professor Category. These changes became effective on November 18, 2006.

Maximum Length of Stay Now 5 Years

The maximum length of program for J-1 exchange visitors in the Research Scholar and Professor category has been increased from three to five years. The five year maximum stay for a J-1 research scholar/professor is not counted in the aggregate. The five year “clock” begins with the start date on the DS-2019 form and this status remains available until the end of five years or the date the J-1 program is concluded, whichever is earlier. At MSU, the initial DS-2019 will be issued for the duration of the appointment and can be extended up to a maximum of five years. However, when the program at MSU is completed so is the J-1 program unless the scholar transfers immediately to another J-1 sponsor.

Two-Year Participation Bar

At the end of the J-1 research scholar/professor’s exchange visitor program, regardless of the length of the stay (7 months, 2 years, or 5 years), the exchange visitor becomes subject to a “two year bar on repeat participation as a J-1 research scholar of professor.” This means that when a research scholar/professor completes his or her J-1 program participation, regardless of the length, the J-1 research scholar/professor status is concluded and is not eligible for another stay as a J-1 research scholar/professor until two years have passed.

This bar is different from the two year home country residence requirement and only applies if the individual wants to return to the U.S. in the J-1 research scholar/professor category. The two years can be spent in the U.S. in another J-1 category (i.e. short term scholar or specialist) or in another immigration status, e.g. H-1B, if eligible.

Existing 12 month bar

There currently exists a 12 month bar for persons seeking to use the J-1 Research Scholar/Professor category. This bar applies to individuals who have been in the US in any J status (all categories except short term scholar, and including J-2 status) for six months or more in the 12 month period immediately prior to the proposed start date on the new J program. Prospective J-1 research scholar/professors who are subject to the two year bar on participation are not subject additionally to the 12 month bar.

Guidelines for MSU Appointments

1.     If the individual visits MSU on a regular basis (e.g. every fall semester, every third semester, etc.) please consult with the Office for Equity and Diversity to determine the appropriate sequence of immigration statuses.  It is important to discuss this with the Office for Equity and Diversity prior to the issuance of the initial immigration document. 

2.     The initial DS-2019 will be issued for the period of the initial appointment.  If funding is confirmed for the next five years, then the initial document can be issued for the full five years as long as the department requests this and anticipates needing the scholar for the full duration.

3.     If the DS-2019 is issued for a length of stay that is less than five years, the stay can be extended up to the maximum when additional funding becomes available and upon the sponsoring department’s request for extension.

4.     Departments and scholars may want to consider the use of the J-1 Short-Term Scholar Category.  The short-term scholar category is another distinct category of exchange visitor program, different from the J-1 research scholar/professor.  It permits an individual to stay in the US for up to six months.  Extensions beyond six months are not permissible.   Short-term scholar participants are not subjected to the two year bar on participation. Using short-term scholar category can avoid subjecting exchange visitors to the 2-year bar unnecessarily.  In the instances where the scholar makes repeated visits to MSU, the short-term scholar category may be a better choice.

5.     Health Insurance:  Health insurance coverage remains mandatory for J-1 exchange visitors and their J-2 dependents during their entire stay in the U.S. in J status.