12/24 Month Restriction
12 month and 24 month bars on Research Scholar and Professor Categories
Do you plan to visit WSU as a J-1 Research Scholar or Professor in the future? Are you now participating in a J-1 exchange program and are interested in returning to the U.S. to do another J-1 exchange program as a Research Scholar or Professor after your current program ends?
If you answered "yes" to either question above, there are some restrictions that apply to your future participation as a visiting scholar that you should know about. The information below is intended to assist you in making a preliminary determination about your subjectivity to the 12 or 24 month bar and determining your eligibility to participate in a J-1 exchange as a visiting Research Scholar or Professor in the future.
General principles:
- These restrictions only apply to those who previously participated in a J-1 exchange program or have accompanied a J-1 visitor as a dependent J-2 family member; not to any other previous type of visa status (e.g. F-1).
- J-2 dependents are subject to the 12 months and 24 months bars in the same way as the J-1 principal aliens are.
- These restrictions only apply to your future choices in two J-1 categories: Research Scholar and Professor. Other J-1 categories such as Short Term Scholar or Student are not affected.
- Two major considerations are “how long your previous program lasted” and “when it was completed” (whether it was before or after November 18, 2006). Check your DS-2019 in Box number 3 for your dates of participation.
- The restrictions apply at any university or institution in the United States, not just WSU.
- The Two Year Home Residence Requirement (INA 212 (e)) is not related to either the 12 or 24 month bars. One may be subject to one and not the other. See Two Year Requirement.
Use the following chart to evaluate your eligibility for a future J-1 Research Scholar or Professor exchange program. Contact the International Scholar Advisor, Rob Cassleman, in OISS at (509) 335-4508 if you have questions about this information.
Previous J-1 Exchange Visitor (EV) Status |
Length of Stay in the United States in Previous J-1 Visa Status* |
Date Exchange visor Completed Program** |
Can begin or return as Professor or Research Scholar |
Any EV (J-1) category other than Professor/Research Scholar |
6 months or less |
Any date |
Immediately |
Any EV (J-1) category other than Professor/Research Scholar |
More than 6 months |
Any date |
After 12 months from the EV’s Program End Date or Effective Date on Completion** |
Research Scholar/Professor (J-1) |
6 months or less |
Prior to 11/18/2006 |
Immediately |
Research Scholar/Professor (J-1) |
6 months or less |
After 11/18/2006 |
After 24 months form the EV’s Program End Date or Effective Date of Completion** |
Research Scholar/Professor (J-1) |
More than 6 months |
Prior to 11/18/2006 |
After 12 months from the EV’s Program End Date or Effective Date on Completion** |
Research Scholar/Professor (J-1) |
Any time (i.e., 1 month, 1 year, etc.) |
After 11/18/2006 |
After 24 months form the EV’s Program End Date or Effective Date of Completion** |
Spouse/dependent (J-2) of any EV category other than Research Scholar/Professor (J-1) |
6 months or less |
Any date |
Immediately |
Spouse/dependent (J-2) of any EV category other than Research Scholar/Professor (J-1) |
More than 6 months |
Prior to 11/18/2006 |
After 12 months from the EV’s Program End date or Effective Date of Completion** |
Spouse/dependent (J-2) of a Research Scholar/Professor (J-1) |
6 months or less |
Prior to 11/18/2006 |
Immediately |
Spouse/dependent (J-2) of a Research Scholar/Professor (J-1) |
More than 6 months |
Prior to 11/18/2006 |
After 12 months from the EV’s Program End Date or Effective Date on Completion** |
Spouse/dependent (J-2) of a Research Scholar/Professor (J-1) |
Any time (i.e., 1 month, 1 year, etc.) |
After 11/18/2006 |
After 24 months form the EV’s Program End Date or Effective Date of Completion** |
*The duration of the bars are determined by the actual length of stay of the principal J-1 exchange visitor’s (EV) most recent participation in an exchange visitor program
** The Department or State has determined that completion of program means: when EVs are no longer actively participating in their exchange program. The status of the SEVIS records for EVs who meet this definition should be listed as either “Inactive” or “Terminated” as appropriate. Countdown of the bars begins the day after the status of the EV’s SEVIS record becomes “Inactive” or “Terminated.”
Note 1: The two-year bar on repeat participation (22 CFR 62.20 (n)) applies to J-1 Research Scholars and Professor participants who have completed his or her program.
Note 2: Repeat Participation. Exchange participants who have entered the United States under the Exchange Visitor Program as a professor or research scholar, or who have acquired such status while in the United States, and who have completed his or her program are not eligible for participation as a professor or research scholar for a period of two years following the end date of such program participation as identified in SEVIS. Refer to 222 CFR 62.20(n) of the May 19, 2005 publication in the Federal Register.
Note 3: November 18, 2006 is the effective date of the 5 year program duration for the Professor and Research Scholar categories (as published in the Federal Register on May 19, 2005 (22 CFR 62.20; DOCID: FR19MY05-13). The effective date was determined by the implementation of the regulations in SEVIS (Release 5.4). Refer to the Final Rule published in the Federal Register by the Department of State dated January 11, 2007.
Note 4: J-2 status is derivative of the status of the J-1 principal.
Note 5. A transfer from one sponsoring institution to another within SEVIS is not considered completion of a program.
The source for the chart above is the chart accompanying the May 24, 2007 letter from Stanley Colvin, Director of the Office of Exchange Coordination and Designation, Department of State, to NAFSA Associate Executive Director Victor Johnson.
Page Updated: December 18, 2007
