IMMIGRATION STATUS:
Here are various
links to detailed information to help you know the many regulations regarding
your legal status:
- New Five Year Rule for J-1
Exchange Visitor/ Scholars
-
- Five Year Rule
- Effective November 18, 2006, 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. This five year maximum
stay is a “continuous” period, and not counted as an aggregate. Once the
exchange visitor begins his or her J-1 program, this five year period begins.
It stays open until the end of the five years or when the program is concluded
- whichever is earlier. CSUB will issue the initial DS-2019 for the duration
of the appointment and extend it up to a maximum of five years when requested
by the department.
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- Two Year Participation Bar
- Effective at the end of the exchange visitor’s
program, regardless of how short or long that stay is (few months, few years,
or five years), SEVIS closes the exchange visitor’s program. The exchange
visitor then becomes subject to a “two year bar on repeat participation as a
research scholar of professor.” This means that when a research
scholar/professor completes his or her program, regardless of the length, the
J-1 research scholar/professor status is concluded and the person is not
eligible for another stay as a J-1 research scholar/professor until two years
have passed. This applies even in cases when the second period of activity is
at a different institution.
-
- 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 in
another immigration status (e.g. H-1B) depending on individual circumstances.
