Limitations on J Visas for Visiting Faculty and Visiting Scholars
Important changes in the federal J visa regulations now make it more difficult for "repeat participation". Please include language in any verbal discussions and offer letters that state: "this offer is contingent upon you successfully proving eligibility (or obtaining eligibility prior to your start date) to engage in research, teaching and/or employment by RIT."
2 Year Bar
Up until November 18, 2006, certain J-1 professors and research scholars faced a 12-month bar to repeat participation in those categories. After that date, anyone in those categories now faces a 2 year bar to repeat participation.
Maximum Program Length is now 5 Years
While the length of program participation for J-1 Professors and Research Scholars has been raised from three years to five years, the five-year period is not an aggregate of five years. It is a continuous five-year period given to a participant on a "use or lose" basis. For example, a professor who comes for one full year, and then returns home, must wait 2 years before returning to the US as a professor or research scholar.
Further discussion of the 11/18/06 changes can be found here:
http://www.nafsa.org/_/Document/_/regulatory_practice_advisory.pdf
Options
"Short-term scholars" (6 months max.) are not subject to the two year bar. RIT Human Resources, in consultation with outside counsel, can advise on the suitability and costs of other options such as the H1-b or O-1 visas.
Once an offer/invite is made, the web form to request that the ISS staff begin working with a candidate on J-1 eligibility documents is available below.
Please contact Jeff Cox if you have any questions.
