Changes to J Scholar Regulations

1
Changes to J Scholar Regulations

• Foreign Scholar Coordinator Meeting
• OIE Lisa Krieg and Linda Gentile
• November 15 and 16, 2006

2
Agenda

• Introduction and background
• What has changed
• Definitions
• Scenarios for Carnegie Mellon
• OIE recommendations
• What OIE is doing
• QA

3
Introduction and Background

• Some J Research Scholars and Professors need more
  than 3 years to complete projects.
• Exchange Visitor Program persuaded to make
  changes to the J scholar regulations
• Years later, on May 19, 2005, final rule
  published changing J scholar regulations and
  providing scholars with a 5 year program limit
  (known as the J 5 year rule)
• Implementation date when DHS publishes federal
  register notice that SEVIS has been upgraded
• 1.5 years for upgrade
• Effective implementation date 11/18/2006

4
What has changed

• Language clarified
• EV must not be candidate for tenure track
  position
• Site of activity must be listed in SEVIS
• Incidental employment must be documented in SEVIS
• Maximum period of participation for J professors
  and research scholars raised to 5 years
• 5 years is a window of participation, not an
  aggregate
• No extensions beyond 5 years
• New 2-year bar on repeat participation

5
Definitions short term scholar

• A professor, research scholar, specialistcoming
  to the United States on a short-term visit for
  the purpose of lecturing, observing, consulting,
  trainingat research institutions post-secondary
  accredited educational institutions 22CFR Sec.
  62.4(b)
• The maximum stay is 6 months.
• Extensions are not allowed.
• Short-term researcher has been infrequently used,
  but OIE will counsel more frequent use of
  short-term researcher
• Ideal for programs and visits of short-term
  duration from 1 day to six months.

6
Definitions 2-year Foreign (home) Residency
Requirement

• 2-year foreign residency requirement ensures that
  the scholars home country will benefit from the
  scholars time and experience in the U.S.
• 2-year foreign (home) residency rule prevents a
  J from obtaining permanent work status such as H,
  L or Legal Permanent Residency until satisfied
• Js may be subject to the two year foreign
  residency requirement 212 (e) due to direct
  government funding, skills list, medical training
• If subject, two ways to fulfill the two year
  foreign residency requirement (1) return to
  home country for a period of two years or more,
  or (2) apply for a waiver
• Rule does not prevent a person from returning to
  the US as a visitor, researcher, student or in
  other non-immigrant status during the two-year
  period directly following the period of J status.
  (But see info on bars.)

7
Definitions 12 month bar

• The 12 month bar prevents individuals who were
  recently in any J status (except short-term
  scholar) from immediately returning to the U.S.
  to start another period in J professor or
  research scholar status.
• Specifically, a person who is out of the U.S. may
  not return in the J professor or researcher
  category if s/he was in J status (researcher,
  professor, student, trainee, etc.) for 6 of the
  previous 12 months.
• Note in the future, a J visitor in the
  researcher or professor category who departs the
  U.S. will likely have both the 12-month AND the
  2-year bars, effectively resulting in a 2-year
  bar. The bars are not cumulative.

8
Definitions (new) 2 year bar

• The 2 year bar prevents J researchers and
  professors from returning to the U.S. in the J
  research or professor categories for 2 years
  after J program completion (date written on the
  DS-2019)
• Although tied to the 5 year rule, once the J
  program has ended, this 2 year bar is applicable
  to J researchers or professors who have used less
  than a 5 year period and to those scholars who
  have been here the full five year period.
• Note J researchers and professors whose programs
  ended prior to SEVIS implementation (date TBA),
  are not subject to the 2-year bar (although they
  would be subject to the 12-month bar, see above).
  

9
Practical Considerations

• J researchers and professors may return to
  Carnegie Mellon University or another U.S.
  institution as a J researcher or professor.
  However, they must first serve a bar (either
  12-month or 2-year) prior to returning to the
  U.S. in J status.
• Previous J researchers or professors whose
  programs ended prior to SEVIS implementation
  (11/18/2006) would only be eligible to return to
  the U.S. as a J researcher/professor after
  a12-month bar.
• J researchers or professors whose stay ended
  after SEVIS implementation (11/18/2006) would
  only be eligible to return to the U.S. as a J
  researcher or professor after a 2-year bar.

10
Scenario 1 short term scholar

• OIE and departments have not frequently used
  short term scholar, but will use it more
  frequently.
• When the visit is known to be less than 6 months
  and there is no chance that the visitors stay
  will be extended beyond 6 months. (Repeat summer
  visitors, one-term only teaching faculty.)
• When a visit of slightly over 6 months (i.e. 7 or
  8 months) could be reduced to 6 months in order
  to avoid the 2-year bar. (Graduate students from
  Europe completing their PhD research at CMU.)
• When the visitor is subject to the 12-month bar
  based on a recent, prior visit to the U.S. in any
  J category (student, researcher, professor)
• When the visitor is subject to the 2-year bar
  based on a prior U.S. visit within the past 2
  years in the J researcher or professor category.

11
Scenario 2 Departed J scholar wants to return
next summer

• If the scholar ended his/her program before SEVIS
  implementation (date TBA), s/he is subject to the
  12-month bar (not the 2 year bar.)
• To calculate, (1) count backwards 12 months from
  the (future) date of requested J status, (2) ask
  yourself, in that 12 month period, was the
  scholar in J researcher or professor status for 6
  or more months of that 12 month period?
• If yes, the scholar may not return until more
  time has passed.
• If no, the DS-2019 document can be issued
• If the scholar ended his/her program after SEVIS
  implementation (date TBA), s/he is subject to the
  2-year bar.
• Consider short-term scholar to avoid the 2-year
  bar application and for short-term visit to CMU
  even if the bars apply.

12
Scenario 3 extend up to 5 years

• If the department would like to have the J
  researcher or professor stay longer, a period of
  5 years is allowed.
• Follow OIE extension process. Until the SEVIS
  application is updated, use mail-in system with
  fee.
• When SEVIS is updated (anticipated any time),
  follow regular extension request to OIE.
• Note H1B fees and time input can be avoided
  through J extensions, but not for tenure-track
  positions.

13
Scenario 4 J scholar subject to bars, but needed
on campus

• If both the 12-month and 2-year bars apply, the
  options available to the departmental host and
  the individual scholar include
• wait until the 2-year bar has passed,
• invite the scholar as a J-1 short-term researcher
  for a visit of 6 months or less,
• invite the scholar in some other work status (if
  s/he will be a paid employee) such as E3
  (Australians), H1B, O1, TN (Canadians and
  Mexicans), etc., or
• invite the scholar in B1/B2 visitor status for a
  short, unpaid visit.

14
OIE Recommendations

• Use short-term category carefully, but more
  frequently
• Leave people in J longer than before (instead of
  change of status to H-1B)
• Avoid subjecting people to the bar, if possible
• Discuss options with OIE

15
OIEs next steps

• Auto-alert message to current scholars whose
  DS-2019 is expiring revised
• Emails sent to scholars and scholar coordinators
• Meetings with scholars and scholar coordinators
• Handouts updatedfor new and current scholars
• New DS-2019 request form in the works
• Reviewing OIE website

16
QA