8/21/2005

U.S. Department of State announced that it extends the duration of J-1 Exchange Visitor program participation for professors and research scholars from the current 3 years to 5 years. The State Department published a notice to allow a five-year duration of program participation beginning with the participant's program begin date or initial program begin date (for continuing exchange visitors) identified in SEVIS and ending five years later. 

The five-year period of participation is calculated in calendar years from the participant's program begin date documented in SEVIS at the time the SEVIS record is validated. The Department assumes an exchange participant will actively pursue research or teaching opportunities for the entire five-year period. Generally, a participant in good standing with his or her program sponsor may depart and reenter the United States an unlimited number of times during the five calendar years. 

SUMMARY

By this notice, the Department adopts as final with minor modification, the proposed rule published in the Federal Register on June 27, 2002. This rule amends the Department's Exchange Visitor Program regulations set forth at 22 CFR 62.20 by extending the duration of program participation for professors and research scholars from the current three years to five years. In addition, this rule implements a limitation on the eligibility of an extension for the professor and research scholar categories and implements a two-year bar for repeat participation to encourage and foster the purpose of the Mutual Educational and Cultural Exchange Act of 1961 (``Fulbright-Hays Act''). 

Additional minor modifications have been made throughout Sec. 62.20 for administrative purposes due to the implementation of the Student and Exchange Visitor Information System (SEVIS). DATES: This rule becomes effective on the later of June 20, 2005, or the date upon which the Department of Homeland Security publishes a notice in the Federal Register announcing that it has completed the technical computer updates to its electronic Student and Exchange Visitor Information System (SEVIS) that are necessary to implement this rule.

SUPPLEMENTARY INFORMATION

The Department published a proposed rule, Public Notice 4054 at 67 FR 43264, June 27, 2002, with a request for comments in the Federal Register regarding the authorized length of program duration for professors and research scholars. The rule proposed to lengthen the maximum program duration of this category from three years to five years. The Department is implementing the change in maximum program duration and modifying the current regulations in order to develop a very simple, easy to administer, and user-friendly rule. In light of the favorable comments received, this rule is adopted to allow a five- year duration of program participation beginning with the participant's program begin date or initial program begin date (for continuing exchange visitors) identified in SEVIS and ending five years later. The five-year period of participation is calculated in calendar years from the participant's program begin date documented in SEVIS at the time the SEVIS record is validated. 

The Department assumes an exchange participant will actively pursue research or teaching opportunities for the entire five-year period. Generally, a participant in good standing with his or her program sponsor may depart and reenter the United States an unlimited number of times during the five calendar years. Thus, holiday visits, emergencies, consultations, attendance at professional meetings, and the like will not be prohibited or compromised. It is extremely important to note, however, that the five-year period is not, as suggested in some comments, an aggregate of five years. 

The Department considered this approach and found it unworkable. Instead, this will be a calendar year, five-year period afforded to a participant on a ``use or lose'' basis which commences with the program begin date identified in SEVIS. For example, a research scholar who comes to an institution for two years and returns to his or her home institution for nine months will be eligible, as a program matter, to return to the same U.S. institution--or transfer to another--for an additional two years and three months. If the participant does not return to the United States until three months later, he or she has two years remaining on his or her program. Comments indicated some confusion regarding the long-standing ``12- month bar'' rule set forth at Sec. 62.20(d)(ii). The 12-month bar applies to any non-immigrant and accompanying spouse or dependent who has held F or J non-immigrant visa status within the twelve-month period immediately preceding the commencement of a professor or research scholar program. The 12-month bar remains in effect under this rule. 

If eligible for professor or research scholar category, the exchange participant is eligible for a five-year period of time for program participation under this category. The accompanying spouse and dependents are also subject to the 12- month bar. While some J-2 spouses have made some sacrifices in order to accompany the J-1 exchange visitor, such sacrifice is compensated for by employment opportunities in the United States--often in research. If the J-2 visa holder is not subjected to the 12-month bar, the underlying objective for imposing the bar is defeated in that the J-2 visa holder could become a J-1 participant and the former J-1 participant would be afforded J-2 derivative status. 

The Department proposed that participants afforded five years of program participation not be eligible to return to the United States as a repeat participant of the professor or research scholar category for a period of two years (24 months) immediately following completion of the five-year period. Almost all comments were in favor of the two-year bar for repeat participation of professors and research scholars. Individuals who have entered the United States under the auspices of the Exchange Visitor Program as a professor or research scholar, or who have acquired such status while in the United States, are not eligible for repeat participation as a professor or research scholar for a period of two years following the completion of the five-year period. 

For example, a professor who enters the United States on September 1, 2005, may leave the United States and return several times within the five years until August 31, 2010. After August 31, 2010, this individual cannot return to the United States in the professor or research scholar category for two years (i.e., their program begin date as a professor or research scholar could not be earlier than September 1, 2012). Sponsors are not to issue Forms DS-2019 to proposed participants who meet this restriction. 

However, if a participant completes a professor or research scholar exchange program at one institution for a period of less than five years, then remains outside the United States for a minimum period of two years, he or she is eligible to begin another five-year program. If the period of time outside the United States is less than two years, the participant is still considered to be within the five-year period of time from the initial program. If the participant completes a program at one institution, which is less than five years (e.g.; four years), the participant has the option to have the current program extended up to the maximum duration of five years, transfer to another institution for one additional year, or return home and fulfill the two year bar. This rule also permits the extension beyond five years for participants under the direct sponsorship of a Federally Funded National Research and Development Center (``FFNRDC'') or a U.S. Federal Laboratory. 

These sponsors will be identified in SEVIS with a separate program serial (G-7) in order to differentiate these programs from other sponsors designated to conduct exchange activities in the categories of research scholar and professor. A ``G-7'' program serial will be assigned to eligible programs as determined by the Department. Once fully implemented in SEVIS by the Department of Homeland Security, professors and research scholars currently in the United States who have begun their exchange activity, as identified by the program begin date in SEVIS, will be eligible for extensions of their program to the five year maximum. Until the Department of Homeland Security develops the system change requirements necessary to implement the new five-year duration, such extensions must be submitted to the Department via SEVIS as extensions beyond the maximum duration of participation.