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Practice Resources
Five Year Rule for J-1 Professors and Research Scholars
Major changes to the J Professor and Research Scholar categories became effective November 18, 2006, including:
The materials in this practice resource are designed to help advisers understand the 5-year/24-month bar rules, to communicate those rules to their campus constituencies, and to assess how these changes might impact their internal business processes.
- The maximum period of participation for J Professors and Research Scholars has been raised from three years to five years.
- A 24-month (two-year) bar on repeat participation in the J Professor or Research Scholar categories applies to those who complete their program participation in those categories.
The materials in this practice resource are designed to help advisers understand the 5-year/24-month bar rules, to communicate those rules to their campus constituencies, and to assess how these changes might impact their internal business processes.
- Regulatory Practice Advisory on the 5-Year J Rule
- Overview of the new regulation, including citations and links to citations of revised regulations, practice notes, and general discussion.
- An RO's Guide for Determining J Scholar Eligibility
- A guide to help the RO decide if a prospective scholar is eligible to begin a new program as a Research Scholar or Professor. Includes suggestions for collecting relevant information and options if the person appears to be ineligible, and for revising your "Intake Form" or "Request Form".
- Alternatives to the Research Scholar/Professor Category
- Discussion about alternative visas and J-1 categories if your prospective scholar is not eligible for these categories or if you do not want to subject him/her to the Two-Year Bar on Repeat Participation. You can also view the Alternatives to the Research Scholar/Professor Comparison Chart (32kb
). - Keeping a J Record Active
- If a scholar intends to return to your institution or to the U.S. in the two-year period after departure from the U.S. , you may be asked to keep his/her SEVIS record active to enable a return in the same J-1 category. This is a discussion of your options and some of the factors that an RO must consider in making a decision.
- Communication with Campus Constituencies about the 5-Year J Rule
- It is essential that the RO communicate information about the new regulations and restrictions to current and incoming scholars as well as host departments and professors on your campus. Because these regulations can be confusing, our colleagues have prepared a variety of websites, memos, charts, and other materials to explain the "Five Year Rule" and the "Two-Year Bar on Repeat Participation," as well as related regulations. We provide a sample of these resources to inspire you to adapt them or create your own.
- DOS Guidance on J 5-Year Rule
- A May 24, 2007, letter from the Department of State to NAFSA provides guidance on the five-year participation and 24-month bar rules for J Professors and Research Scholars, and gives updates on other SEVIS and regulatory matters. Includes a chart showing the effect of the 12-month and 24-month bars on repeat participation as a J Professor or Research Scholar.
