Completing Your Program
Congratulations on completing your visiting scholar program! Please check the date on your DS-2019 document to be sure that it accurately reflects your program end.
There is a 30 day window for J-1 scholars following your program called the “grace period.” During the grace period, J-1 scholars can:
- Prepare to leave the country
- Change visa status
- Travel within the U.S. (do not travel outside of the U.S., as scholars cannot re-enter the U.S. as a J-1 visa holder during the grace period)
All other actions, such as extending your program or transferring to another institution for work or research, must be completed BEFORE the end date on your DS-2019.
J-1 research scholars and professors are generally eligible for 5-year programs. However, there are "Bars" for returning to the U.S. as a J-1 Research Scholar or Professor before certain amounts of time have passed.
12-Month Bar after Previous J-1 Participation
The 12-Month Bar is a law that applies to people who have been, or will be, J-1 Researchers or Professors. The bar states that a scholar who was an Exchange Visitor during the last 12-months of when they want to begin a new J-1 program as a researcher or professor will not be able to do so. (The bar also applies to J-2 dependents.) A candidate may be eligible for Researcher or Professor status only IF s/he has not been physically present in the U.S. as a nonimmigrant for all or part of the 12-month period immediately preceding the start date of the new program, unless one of the following applies:
- The candidate is transferring as a J-1 from another U.S. program;
- The candidate’s prior presence in the U.S. was less than 6 months long; or
- The candidate was a Short-term Scholar.
24-Month Bar on Repeat Participation
J-1 scholars should be aware that the government has created a 24-month bar to prevent "repeat participation" in the J-1 Research Scholar and Professor categories. The bar applies under these circumstances:
- If the scholar completes a full five years of program participation as a J-1 professor or researcher; or
- If, before the full five years is over, the professor or research scholar completes his or her program. This automatically initiates the 24-month bar, and the visitor must wait for two full years before returning to the U.S. as a J-1 researcher or professor.
- The bar also applies to J-2 dependents.
The 24-month bar is NOT the same thing as the “Two-Year Home Residency Requirement,” which some visitors are subject to because of governmental funding or skills.
212(e) Two-Year Home Residency Requirement
Your visa and DS-2019 form will indicate whether or not you are subject to the 212(e) Two-year Home Country Residence Requirement. J-1 scholars are usually subject to 212(e) if they receive government funding to attend their program, or their home government wishes to ensure they return home to share the skills they have learned abroad.
Visitors who are subject to this statute must return to their home countries and be physically present there for two years before being able to return to the U.S. on employment-based visas such as H-1B or L-1.
If you are unsure whether or not you are subject to the 212(e) Two-year Home Country Residence Requirement, check both your visa and DS-2019. They should match and tell you whether or not you are subject.
