What is a J-1 Scholar?

A J-1 Scholar is a visiting researcher, professor, or specialist from a country outside of the United States who has been approved to enter the United States for a specific purpose and for a limited amount of time.  The J-1 Exchange Visitor Program is administered by the U.S. Department of State (DOS) for the express purpose of promoting international educational exchange of expertise and stimulating collaborative teaching and research efforts.  Exchange is truly at the core of the program and based on this philosophy and directive.   

Important Note about USM Participation

In order to be eligible to use the J-1 program at USM scholars must have a connection with a USM faculty member or department, or be affiliated with a current exchange/partner institution or working on developing an institutional relationship.

Important Characteristics of the J-1 Exchange Visitor Program

  • Permanent or tenure-track positions are prohibited for J-1 Exchange Visitors.   
  • Throughout their stay, J-1 Exchange Visitors and their dependents must have health insurance that meets U.S. Department of State requirements.   
  • The Exchange Visitor must have sufficient English language proficiency to have a productive experience both academically and culturally.   
  • The Exchange Visitor and their dependents must have proof of sufficient funding for the duration of their stay.
  • The Exchange Visitor must participate in cross cultural activities which can be documented at the end of their stay.

Understanding the J-1 Exchange Visitor Categories

As the J-1 scholar it is important to understand the limitations of the virous categories including future bars that will be applied upon completion of the program.

  • Program Duration: Three (3) weeks to five (5) years (continuous time)  
  • Primary Activity:  This category is for a foreign national who enters the United States for the primary purpose of conducting research, observing or consulting in connection with research projects at research institutions, corporate research facilities, museums, libraries, post-secondary accredited academic institutions, or similar types of institutions.   Details are available on the State Department’s website for Research Scholars.  
    • The research scholar’s appointment to a position shall be temporary, even if the position itself is permanent.
    • Incidental lectures or short-term consultations are permitted with the approval of the responsible officer (USM Office of International Programs) so long as they are directly related to the objectives of the participant’s program, and do not delay the exchange program’s completion date.
  • This category is subject to the 12- and 24-Month Bars on Repeat Participation:
    • Repeat Participation Regulatory Bars: There is a 24-month bar on repeat participation in the same category for all Research Scholar and Professor participants. Additionally, applicants who have been in the United States for all or part of the preceding 12 months in any J-category are not eligible unless they are transferring, were engaged as a short-term scholar, or they were present in the U.S. for less than 6 months in duration 
  • Program Duration: Three (3) weeks to five (5) years (continuous time)  
  • Primary Activity: The professor category is for a foreign national who enters the United State for the primary purpose of teaching, lecturing, observing or consulting at accredited post-secondary academic institutions, museums, libraries or similar types of institutions. A professor may also conduct research, unless disallowed by the sponsoring organization. Additional details are available on the U.S. DoS website for Professors 
  • This category is subject to the 12- and 24-Month Bars on Repeat Participation:
    • Repeat Participation Regulatory Bars: There is a 24-month bar on repeat participation in the same category for all Research Scholar and Professor participants. Additionally, applicants who have been in the United States for all or part of the preceding 12 months in any J-category are not eligible unless they are transferring, were engaged as a short-term scholar, or they were present in the U.S. for less than 6 months in duration 
  • Program Duration: One (1) day to six (6) months  
  • Primary Activity: A foreign national who is a professor, research scholar, or person with similar education or accomplishments who enters the United States for a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited academic institutions, or similar types of institutions.
  • The short term scholar category cannot be extended beyond the 6 month duration and the scholar cannot change to another J-1 category within the United States.
  • This category is NOT subject to the 12- and 24-Month Bars on Repeat Participation.

212(e): J-1 2-year Home Residency Requirement

Some exchange visitors will be subject to 212(e) also known as the 2 year Home Residency Requirement. It is important to understand that this is different from the 24 month bar on repeat participation. If you will be visiting the US on a J-1 visa it is important to understand the possible implications of being subject to 212e before obtaining your visa.

Exchange visitors who are subject to the two-year home country residence requirement must “reside and be physically present” in their “home” country for an aggregate of two years before being eligible for certain immigration benefits. While they are subject to 212(e), aliens are ineligible for the following benefits:

  • An immigrant visa or adjustment of status to lawful permanent resident (immigrant/green card) status  
  • H Visa (temporary workers and dependents), an L Visa (intra-company transferees and dependents), or a K Visa (fiancé and dependents)  
  • A change of your nonimmigrant status within the U.S. from J to any other nonimmigrant category except A (diplomatic), G (international organization), or U (victims of qualifying criminal activity) statuses  
  1. Government Funding: The EV’s participation “was wholly or partially financed, directly or indirectly, by the U.S. Government or by the government of the alien’s last legal permanent residence.”
  2. Specialized Knowledge or Skill: The EV “is a national and resident or, if not a national, a legal permanent resident (or has status equivalent thereto) of a country which the Secretary of State has designated, through publication by public notice in the Federal Register, as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien will engage during the exchange visitor program.” This country/skill designation is commonly known as the Skills List. 
  3. Graduate medical education or training: If the EV is participating in graduate medical education or training sponsored by the Education Commission for Foreign Medical Graduates.

If you do not know whether the two-year home residency requirement applies to you, after having reviewed the eligibility information on the Department of State website, you can request the Department of State’s Waiver Review Division to conduct an Advisory Opinion. An Advisory Opinion is a review of your exchange visitor program documents to determine if you are subject to this requirement. Please refer to Department of State Advisory Opinion for more information. 

If you are subject to this requirement, but not able to fulfill it, you may apply for a waiver. There are five bases for recommendation of a waiver. To learn more about these options and the process of applying for a waive please visit the Department of State website. Please note the that the USM Office of International Programs is unable to assist Exchange Visitors with the process of applying for a waiver.