Carnegie Mellon

J 5 Year Rule for Scholars

Effective November 17, 2006, the maximum length of program for J-1 exchange visitors in the Research Scholar and Professor category will increase to 5 years. 

Following are some guidelines for implementation of this rule change under the Carnegie Mellon J-1 program sponsorship:

• If (1) funding is available for 5 years, (2) the sponsoring department requests it, and (3) the scholar is anticipated to need or use a full 5 year period, a DS-2019 (Exchange Visitor eligibility form) may be issued for that 5-year period.

• If only partial funding is available, the DS-2019 form will be issued for the specific length of time determined by the funding amount and requested by the sponsoring department.  Extensions up to a total of 5 years are possible when additional funding becomes available and upon the sponsoring department’s request for extension.

• 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.

2-Year Bar

The 5-year length of program is not counted in the aggregate.  Once an exchange visitor arrives in the U.S. in J-1 status in the Research Scholar category, the 5-year “window” opens.  And when the program ends, whether only 3 weeks or 3 years later, the exchange visitor becomes subject to a 2-year bar on repeat participation as a Research Scholar or Professor.

The 2-year bar is not the same as the 212(e) 2-year home residency requirement (see below).

The 2-year bar means that the exchange visitor will not be able to start a new Research Scholar or Professor stay until 2 years have passed from the completion date of the previous program.  Those 2 years may be spent in the U.S. in another J category (e.g., Short-Term Scholar or Specialist) or in another immigration status (e.g., H-1B.)

Short Program Duration = Short-Term Scholar Category

In the past, OIE typically issued DS-2019 forms using the Research Scholar category for anyone sponsored for a research program, even if that program was only scheduled to last 6 months or less, because this made extensions easily possible if/when circumstances changed.

We will now alter that practice to avoid subjecting exchange visitors to the 2-year bar unnecessarily.

For programs scheduled to last 6 months or less, we now will issue DS-2019 forms for the Short-Term Scholar category.  An exchange visitor in this J category does not become subject to the 2-year bar.

The Short-Term Scholar category allows a maximum stay of 6 months and cannot be extended beyond the 6 months.  If the researcher needs to stay longer to complete the research project, travel abroad and re-entry to the U.S. with a new DS-2019 is possible.  This new DS-2019 may either be issued for another Short-Term Scholar program or for the Research Scholar category if it is determined that the program will last more than an additional 6 months.

With a new DS-2019 form, a new SEVIS fee must be paid.  In most circumstances, a new J-1 visa application must also be made at a U.S. consulate abroad. 

212(e) 2-Year Foreign (“Home”) Residency Requirement

The 212(e) 2-year foreign (“home”) residency requirement remains in effect for those exchange visitors who are subject to this section of the law based on either their research area or direct government funding for international exchange purposes.

Persons subject to the 212(e) 2-year foreign (“home”) residency requirement are not eligible to change their immigration status in the U.S. and cannot obtain H-1B or permanent residency status until the requirement has been met or waived.

Those who are subject to 212(e) based on their research area may be able to obtain a waiver of the requirement from the State Department in conjunction with their home country government.

Those subject based on government funding have very limited waiver options.

Please contact the OIE Director, Lisa Krieg or any of the Foreign Scholar Advisors with questions or concerns at 412-268-5231 or via email. 

Last Updated On: October 3, 2007