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TYPES OF J-1 CATEGORIES
There are several different types of J-1 visa categories hosted by
Northwestern University departments. Brief information can be found below.
For comprehensive information regarding each category, please review the
Types of J-1 Visa Table for further information.
Short-Term
•Purpose of visit: lecture, observe, consult, train staff, demonstrate
special skill(s)
•Current position in home country: Professor, researcher (post-doc or
pre-doc/graduate student), or someone with similar credentials (Doctor,
attorney, etc.)
•Duration of U.S. visit: 1 day - 6 months
•Individual may return in this category an unlimited number of times
Research
•Purpose of visit; research, observe, consult, teach, capacity in
connection with a research project
•Current position in home country: Professor, researcher (post-doc or
pre-doc/graduate student), or someone with similar credentials (Doctor,
attorney, etc.)
•Duration of U.S. visit: 3 weeks - 5 years
•Individual is subject to the 24 Month Bar (See below under '
Important J-1 Visa Regulations' for more information)
Professor
•Purpose of visit: teach (primary), lecture, observe, consult,
research
•Current position in home country: Professor, researcher (post-doc or
pre-doc/graduate student), or someone with similar credentials (Doctor,
attorney, etc.)
•Duration of U.S. visit: 3 weeks - 5 years
•Individual is subject to the 24 Month Bar (See below under 'Important
J-1 Visa Regulations' for more information)
Intern
•Purpose of visit: participate in a structured internship program
•Position in home country: undergraduate student
•Duration of U.S. visit: 1 day - 12 months
•Individual may return in this category in a different internship
program
Trainee
•Purpose of visit: participate in a structured internship program
•Position in home country: recent undergraduate student who has been
working in internship field
•Duration of U.S. visit: 1 day - 18 months
•Individual is subject to the 24 Month Bar
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IMPORTANT J-1 VISA REGULATIONS
212 (e) - 2 year Home Residency Requirement
What does it mean to be subject to 212 (e), two-year home residency
requirement?
•Scholar is not eligible to obtain an H or L visa at a U.S. consular
office, or to change to these visa categories within the U.S. before
fulfilling this requirement
•Scholar is not eligible for lawful permanent residence status before
fulfilling this requirement.
•Scholar is not eligible to change status from J-1 to any other
nonimmigrant status from within the U.S. before fulfilling this requirement.
Any change of status must be done by exiting and re-entering the U.S. in
the new status.
•Please note that 212(e) will still apply to your record until the
requirement has been waived or fulfilled.
What does a scholar have to do to fulfill this requirement?
•After the completion of the J-1 program in the U.S., J-1 scholars
subject to the 212(e) must spend two years physically present in your
country of citizenship or last legal permanent residence. Time does not have
to be continuous.
Which J-1 scholars are subject to 212e?
•Any scholar whose field of study is on the Exchange Visitor Skills
List through the Department of State. Please be advised that the IO
recommends that all scholars check the Skills List even if your
documentation does not reflect subjectivity.
•Any scholar receiving U.S. or home government funding.
•Any scholar receiving graduate medical education or training.
Can a scholar have this requirement waived?
•Yes, the waiver process should be initiated and filed by the EV and
not by the International Office. More information on this waiver process can
be found on the Department of State site.
**If an you were subject to the 212(e), two year home residency requirement,
and you have received a written waiver recommendation from the US
Department of State, then you are not eligible for an extension beyond the
current end date of your DS-2019.**
24 Month Bar
Who is subject to the 24 month bar?
•Scholars who are currently in the J-1 Research Scholar or Professor
category, or who have been in the J-1 Research Scholar or Professor category
in the past 24 months.
What does it mean to be subject to the 24 month bar?
•The 24 month bar is meant to bar individuals from repeat
participation in the J-1 exchange program.
•After the end of your J-1 program, you cannot return to the U. S. in
the J-1 Research Scholar or Professor category for 24 months.
•This does not bar you from entering in the J-1 Short-term category,
or in other nonimmigrant statuses.
•If you are a J-1 scholar in the Research Scholar or Professor
category, and you plan to make annual or other periodic trips to
Northwestern, please speak with the International Office before leaving the
U.S.
•Note: If you entered the U.S. on a J-1 visa prior to November 2006
you are subject to a 12 month bar not the 24 month bar. For more
information contact the IO.
When does the 24 month bar go into effect?
•The 24-month bar will apply to you regardless of whether you were in
status for only a few months or for the full five year limit of the J-1
program.
•The 24 month bar goes into effect when your J-1 program finishes and
your record in SEVIS goes inactive.
•To take advantage of the full five years of the -1 Research Scholar
or Professor category, you would need to have an appointment of five
continuous years to keep your SEVIS record active.
Which EV's are subject?
•All EV's in the Research Scholar, Professor category
•Trainees may participate in additional training programs only after
residing outside the United States for at least 2 years following your last
training program
Understanding the 12 and 24 Month Bars
The U.S. State Department has implemented regulations that prevent repeat
usage of some J Exchange Visitor categories. The regulations are called the
12 and 24 month “bars” or prohibitions. The bars focus only on use of the
Research Scholar or Professor category of the J visa. The bars do not
prevent access to other visas or other categories of the J Exchange Visitor
Program. Finally these bars are entirely separate from the “Two-Year Home-
Residency” requirement wherein some J visa holders must return to their
home country before being able to move to other U.S. visa types. Below is a
discussion of the 12 and 24 month bars.
12 Month Bar
Individuals who have been in the U.S. for more than six months in the
previous year with J-1 or J-2 visa status are not eligible to enter the
United States again as a J-1 Research Scholar or Professor for a 12-month
period. The only exception is if the first visit was using the J-1 Short
Term Scholar category, which does not count towards the 12-month bar. The 12
-month bar does not prevent individuals from returning to the U.S. in other
visa status (F-1, B-1, H-1B, O-1, etc…) To see a chart of the 12 and 24
Month Bar go here.
24 Month Bar
Any individual who participates in a J-1 Exchange Visitor program in the
Professor or Researcher Scholar categories is subject to a 24-month bar on
“repeat participation” in that same category. Scholars subject to the bar
may not return to the U.S. as a J-1 visa holder in the Professor or Research
Scholar categories for the 24-month period. The 24-month bar occurs
regardless of whether the program in the US is a few months or a few years.
Whenever an Exchange Visitor ends his/her academic appointment and returns
home the bar becomes effective. For example, both the professor who comes to
Yale for 3 years and the researcher who visits for 8 months, would after
returning home be prevented from returning again to the US with a new J
Researcher Scholar or Professor visa for 24 months. This bar also applies to
family members who held J-2 Research Scholar or Professor dependent status.
The 24-month bar does not prevent individuals from returning to the United
States in any visa status (F-1, B-1, H-1B, O-1, etc…) To see a chart of
the 12 and 24 Month Bar go here. |
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