Home The Features of the J-1 visa

Features of the J-1 visa

This section provides an overview of the J-1 rules that are relevant for professors and researchers, not to J-1 student interns . To learn more about J-1 Student Interns, visit our J-1 Student Intern Overview.

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J-1 scholarship holder (professors and researchers) categories

Within the J-1 Exchange Visitor Program, Columbia has two categories that are commonly used. Each individual category regulates the conditions and duration of the exchange.

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category
Researcher / professor
description
People who come to Colombia primarily for research, lecturing or clinical observation.
These include the following two types:
Maximum duration
category
description
Individuals employed in academic employment at Columbia University.
Maximum duration
Up to 5 consecutive years
category
description
Individuals coming to Columbia to conduct independent research with a visiting scientist / scientist designation.
Maximum duration
Usually a year
category
Short-term scholarship holder
description
People who come for the same purposes as described above but are limited to a duration of 6 months or less
Maximum duration
6 months
Kategorie','class':['row_0','col_0']},{'data':'

Description ',' class ': [' row_0 ',' col_1 ']}, {' data ':'

Maximale Dauer','class':['row_0','col_2']}]' rows='[[{'data':'

Forscher/Professor','class':['row_1','col_0']},{'data':'

People who come to Colombia primarily for research, lecturing or clinical observation.
nThis includes the following two types: ',' class': ['row_1', 'col_1']}, {'data': '', 'class': [' row_1 ',' col_2 ']}], [ {'data': '', 'class': [' row_2 ',' col_0 ']}, {' data ':'

Academic staff employed at Columbia University. ',' Class ': [' row_2 ',' col_1 ']}, {' data ':'

Up to 5 consecutive years ',' class ': [' row_2 ',' col_2 ']}], [{' data ':' ',' class ': [' row_3 ',' col_0 ']}, {' data ':'

People who come to Colombia to conduct independent research called Visiting Scholar / Scientist u00a0. ',' Class ': [' row_3 ',' col_1 ']}, {' data ':'

Usually a year ',' class ': [' row_3 ',' col_2 ']}], [{' data ':'

Short-term scholarship holder ',' class ': [' row_4 ',' col_0 ']}, {' data ':'

People who come for the same purposes as described above, but are limited to a maximum of 6 months ',' class ': [' row_4 ',' col_1 ']}, {' data ':'

6 Monate','class':['row_4','col_2']}]]' sortable='0' class='table-responsive hidden-xs'>

J-1 regulations

The following rules apply to both J-1 categories:

Compulsory health insurance
Find out more here.
English skills
Departments must assess each J-1 exchange visitor's English proficiency as part of the selection process to ensure the level is appropriate to provide a productive experience and to support the visitor's wellbeing, health, and safety on site. Learn more .
Compulsory health insurance ',' class ': [' row_1 ',' col_0 ']}, {' data ':'

Learn more hier.','class':['row_1','col_1']}],[{'data':'

English skills ',' class ': [' row_2 ',' col_0 ']}, {' data ':'

Departments must assess each J-1 exchange visitor's English proficiency as part of the selection process to ensure the level is appropriate to enable a productive experience and to support the visitor's wellbeing, health, and safety during their stay. Weitere Informationen.','class':['row_2','col_1']}]]' sortable='0' class='table-responsive hidden-xs'>

12 and 24 month bars

There may be a wait before a professor or scientist can begin their program at Columbia if they have been in a J-1 category in the United States. The category listed is Section 4 of DS-2019. These waiting times are known as the 12- and 24-month bars. The J-1 Exchange Visitor Program supports its underlying premise of promoting mutual exchanges by preventing immediate repeat participation through these bars.

Do the bars not true to anyone coming from or to a category of short term scientist.

The 12-month bar

An individual is not eligible for the J-1 Professor or Research Scientist category if they have been physically present in the United States for J-1 or J-2 status all or part of the twelve months immediately prior to the intended start date of a program unless :

The participant changes to the sponsorship program and has not exceeded the maximum permitted time of five years
The participant changes to the sponsorship program and has not exceeded the maximum permitted time of five years
The participant's presence in the United States lasted less than six months; or
The participant's presence in the United States lasted less than six months; or
The presence of the participant in the United States took place as part of a short-term exchange of scientists.
The presence of the participant in the United States took place as part of a short-term exchange of scientists.

The 24-month bar

Those who complete a J-1 or J-2 program, regardless of the length of their program , are blocked for two years from the start of a new J-1 research fellow / professor program.

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This bar does not apply to those who are in Category J-1 Short-Term Scholarship Holders.

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Two-year residence requirement

Also known as 212 (e), this requirement does not apply to all J-1s. If concerned, it means that the J-1 person (and J-2 dependents) must meet this requirement by moving to the country of nationality or most recently lawful for a cumulative period of at least two years (24 months) Return to permanent residence before qualifying for H-1B, L status, permanent residency or change of visa status within the United States

The two-year residence requirement consists of one or more of the following three reasons:

  1. Government Funding - If the fellow is receiving government funding from the United States or the government of their nationality or last place of residence.
  2. List of skills - When the area of ‚Äč‚Äčexpertise and training is in short supply by the home country and is on the US government's qualifications list.
  3. Graduate Medical Training - If the fellow has a medical degree or has been on a medical residency program / scholarship in the United States.

The submission of this obligation does not at any time prevent a return to another visa status (e.g. as a tourist or F-1 student). However, such a change in visa status can only be made through international travel that either involves obtaining a new visa or, in the case of visa-free Canadians, entering the USA at the port of entry under the new status.

frequently asked Questions

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How can the J-1 exchange visitor know if they are affected?

Generally, you are subject to 212 (e) if there is an endorsement on the J-1 Entry Visa and / or the bottom section of your DS-2019, but sometimes it may be unclear whether the requirement applies.

In such situations, the J-1 trader can use a Advisory opinion from the Ministry of Foreign Affairs. An advisory opinion is a review of your exchange visitor program records to determine whether you are subject to this requirement. Find out more on the Advisory opinions Website.

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Is it possible to be exempted from the two-year residence requirement?

  • The J-1 exchange visitor may possibly receive a Waiver of the requirement by applying to the Waiver Review Division. The Waiver Review Division will review the application and make a recommendation for or against a waiver to the Department of Homeland Security (DHS). The final decision is made by DHS, although in most cases it accepts the recommendation of the Waiver Review Division. See Instructions for applying for an exemption on the Ministry of Foreign Affairs website.

How does the 212 (e) requirement affect J-2 dependents?

If the J-1 exchange visitor is subject to the 2 year home country requirement, then all J-2 followers are also subject.

If the J-1 exchange visitor receives a waiver, J-2 followers will be included.

If the J-1 exchange visitor marries a U.S. citizen, will they be automatically exempted from fulfilling the 212 (e) requirement?

No, marriage to a US citizen is not sufficient for a waiver. The J-1 exchange visitor has yet to come apply for an exemption if they are eligible according to one of the criteria.

After issuing a waiver

As soon as the J-1 exchange visitor has received an exemption from the two-year residence requirement, he or she is no longer entitled to a J-1 extension or transfer or to a new J-1 entry visa issued by a consulate abroad. Please discuss your future plans with a counselor before starting the application for exemption.

  • A waiver alone does not extend the stay in the USA.
  • All procedures for applying for a waiver are time consuming. The J-1 exchange visitor must be aware that it can take up to a year or more to receive an exemption.

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