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.

 

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.