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Immigration News Flash

June 28, 2002

U.S. Department of State Amendments to Participation in the Exchange Visitor Program as Professor and Research Scholar

The U.S. Department of State published notice in the Federal Register on July 27, 2002, regarding a proposed rule to amend its existing regulations governing participation in the Exchange Visitor (J visa) Program as a Professor and Research Scholar. The proposed amendments will extend the duration of program participation from three (3) years to five (5) years. The program has had a three year duration for participation since 1949. The new five (5) year period includes time spent outside of the United States during the period of authorized program participation.

Notably, the proposed amendment will also eliminate program extensions beyond the five year period.

Limitations governing the eligibility for program participation of professor and research scholar participants include:

  1. Anyone who has participated in a five year program as a professor or research scholar will be ineligible for repeat participation in the professor or research scholar category for a period of two years from the end date of his/her prior program.
  1. A change between the categories of professor and research scholar will not extend an exchange visitor’s permitted period of participation beyond five years.
  1. The twelve month bar from continued program participation upon individuals who have been physically present in the United States for all or part of the twelve months immediately preceding their commencement of program participation as a professor or research scholar will remain. There are exceptions to the application of the twelve month bar, including one for prospective participants who have previously participated in the Exchange Visitor Program as short-term scholars.

The U.S. Department of State invites comments for a 30 day period following the July 27 publication.

  Federal Register: Participation in the Exchange Visitor Program as Professor and Research Scholar (PDF/81 kb, 4 pages)