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Office of International Education
Conditions and Limitations
Time limit.
The total stay in the United States for Exchange Visitors in the "Professor or Research Scholar" category is limited to five years. Extensions beyond the 5-year period are not possible. The total stay in the United States for Exchange Visitors in the "Short-Term Scholar" category is limited to six months. Extensions beyond that time are not possible. Short-term scholars may enter and leave the U.S. with some frequency, if necessary.
12 Month bar.
The 12-month bar (aka one-year bar) prevents individuals who were recently in any J status from immediately returning to the U.S. to start another period in J professor or research scholar status.
Specifically, a person who is outside the U.S. may not return in the J professor or researcher category if s/he was in J status (researcher, professor, student, trainee, etc.) for 6 of the previous 12 months. To calculate, you (1) count backwards 12 months from the (future) date of requested J status, (2) ask yourself, in that 12 month period, was the scholar in J researcher or professor status for 6 or more months of that 12 month period? If yes, the scholar may not return until more time has passed. If no, the DS-2019 document can be issued unless the 2-year bar applies. (See 2-year bar information below.)
For any J visitor who was previously and most recently in the U.S. in the researcher or professor category, it is most likely that both the 12-month AND the 2-year bars will apply, effectively resulting in a 2-year bar. The bars are not cumulative.
24 month bar.
Effective November 17, 2006, the law which extends the time limit for J researchers and professors from 3 years to 5 years also includes a 24 month (or 2-year) bar on repeat participation. J researchers and professors who have completed their J program (as evidenced by the end date on their DS-2019) or who have reached the 5 year limit may not extend their stay in J status. They must leave the U.S. or change to another non-immigrant status. They are not eligible to return to J researcher or professor status for 24 months.
Once the J program has ended, this 24-month bar is applicable to J researchers or professors who have used less than a 5 year period of J scholar status as well as to those scholars who have been here the full five year period. For scholars who use less than 5 years, the remainder of the 5 year eligibility period is considered to be lost and the scholar would face the 24-month bar. For this reason, it is particularly important that scholars who will be in the U.S. 6 months or less consider using the short-term scholar category. Scholars who will be in the U.S. longer than 6 months, and therefore in the J researcher or professor category, must request a timely extension of their stay if they plan to remain in the U.S. beyond the period initially indicated on their DS-2019.
The Exchange Visitor Program has advised that J researchers and professors whose programs ended prior to November 17, 2006, are not subject to the 24-month bar (although they would be subject to the 12-month bar, see above). This advice is based upon the determination that J researchers and professors whose programs ended prior to the implementation of the regulation in November 2006 were never afforded a whole 5 year period and therefore, the 24-month bar would not be applicable.
Two-year home-country physical-presence requirement.
The J exchange program was created to foster learning across cultures. In some cases, rules ensure that J visitors will return to their home countries after completion of the US program so that the home country will also benefit. Participants in a J program (students, scholars, professors, and researchers), as well as their dependant family members, may be subject to the "two year home residency requirement" for three reasons:
- Direct funding from the home government of US government
- Graduate medical education or training
- The country-specific "skills list"
There are two ways to fulfill the two year home residency rule:
- Return to the home country for a period of two years or more.
OR: - Request and receive a waiver
To determine if a scholar is subject to the rule, check the US visa and notation on the DS-2019 from the U.S. consular officer. If there is any concern about the correctness of the determination as marked, a scholar may consult with an Advisor in OIE. In very complicated situations, a scholar may request confirmation from the US Department of State.
The two year home residency rule does not prevent the scholar from returning to the US as a visitor, researcher, student or in other non-immigrant status during the 2 year period directly following the period of J status in the US. However, until the two year home residency rule is fulfilled, a person may not move into a more permanent work status such as H-1B or Permanent Residency (i.e "Green card.")
J-1 visitors who are interested in obtaining a Waiver of the two year rule must follow a formal process. There are several bases on which to apply for the waiver including: statement of no objection, interested US government agency, fear of persecution, and others. Visit the US Department of State website for more information on waivers at http://www.travel.state.gov/jvw.html.
Health Insurance.
Scholars in J-1 status and their J-2 dependant family members are required by law to have health insurance that meets certain minimum coverage standards for the entire duration of their stay. Health insurance may come from the home country provided it meets the J-1 requirements. Visiting scholars in J-1 status may purchase health insurance through the Carnegie Mellon University Student Health Center. And, J-1 scholars who are paid a salary and benefits from the University, will apply for and receive health insurance benefits at little or no cost. Health insurance issues are discussed at length in every mini-orientation session at OIE.
By government regulation, minimum coverage must provide: up to $50,000 per accident or illness; up to $7,500 for repatriation of remains; up to $10,000 for medical evacuation to the home country; and a deductible not to exceed $500 per accident or illness. Co-insurance must not exceed 25% payable by the Exchange Visitor or sponsor. Acceptable coverage may not exclude risks inherent in the activities of the Exchange Visitor program.
Failure to purchase and maintain Health Insurance will result in termination of your J-1 program status.
Last Updated On: February 6th, 2008