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NEW! New International Employee Orientation Evaluation
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Important Changes to J-1 Research Scholar Category Effective November
4, 2006—a “Double Edged Sword” of 5-Year Extensions and a new 2-Year Bar A new regulation affecting J-1 Research Scholars was implemented November 18, 2006. It is important that J-1 Research Scholars present in the United States on that date, and those who arrived after that date, understand the impact of this new regulation. J-1 Research Scholars present in the United States on or after November 18, 2006, are now officially eligible to extend that status for up to a maximum of five years. The five year maximum is counted from their date of entry to the United States for the J-1 Research Scholar program in which they were engaged on or after November 18, 2006. However, if they depart from the United States or change to a different immigration status before the end of the five year period, the balance of the five years is lost and they may not hold J-1 Research Scholar status again for two years. This is referred to as the “Two-Year Bar.” J-1 Research Scholars who left the United States or changed to a different status prior to November 18, 2006 are not subject to the new rule until or unless they return to the United States after November 18, 2006. Here are two examples of the potential impact of the new rule: Patrick Murphy arrived in the US as a J-1 Research Scholar for the first time on January 1, 2006. His initial DS-2019 was issued for two years. On December 15, 2007, he completes his research and returnes to his home country. The DS-2019 issued to him, and the corresponding record in the Student and Exchange Visitor Information System (SEVIS) expire on December 31, 2007. The new 2-year bar to eligibility for J-1 Research Scholar status begins December 15, 2007. On May 1, 2008, Patrick’s former UTMB supervisor invites him to return on July 1, 2008 for two years. Unfortunately, because of the new 2-year bar, Patrick cannot return to UTMB as a J-1 Research Scholar. Instead his UTMB supervisor must sponsor him for a different visa classification, such as the H-1B, which may cost more and take longer to obtain. Patrick’s fiancé, Isadora Duncan, arrives at UTMB for the first time on January 1, 2006 with her own J-1 Research Scholar status. She does not return to their country after two years, but instead transfers to Baylor College of Medicine and extends her J-1 Research Scholar status up to the maximum of five years from her original entry date. On December 31, 2011 her maximum of 5 years as a J-1 Research Scholar ends and she returns to her country of residence. Under the new 2-year bar, she may not return to the U.S. for another period of J-1 Research Scholar status until after December 31, 2013. This is true even though she is not subject to the J-1 “two year home country physical presence requirement.” Other provisions of the J-1 exchange visitor regulations remain the same. Click here to access a chart comparing the J-1 Research Scholar regulations before and after the November 4, 2006 changes. |
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