J-1 Exchange Visitor Visa – Professors and Research Scholars

1. Definitions of J-1 Exchange Professor and Research Scholar. 22 C.F.R. § 62.4 (e) and (f).

A J-1 Exchange Professor is an individual primarily teaching, lecturing, observing, or consulting a post-secondary accredited educational institutions, museums, libraries, or similar types of institutions. A professor may also conduct research, unless disallowed by the sponsor.

A J-1 Exchange Research Scholar is an individual primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. The research scholar may also teach or lecture, unless disallowed by the sponsor.

2. Purpose of J-1 Visiting Professors and Research Scholars Programs. 22 C.F.R. § 62.20 (b).

The exchange of professors and research scholars promotes interchange, mutual enrichment, and links between research and educational institutions in the United States and foreign countries. The J-1 Visa program for Visiting Professors and Research Scholars provide foreign professors and research scholars the opportunity to engage in research, teaching, and lecturing with their American colleagues, to participate actively in cross-cultural activities with Americans, and ultimately to share with their fellow citizens their experiences and increased knowledge about the United States and their substantive fields.

3. Criteria for J-1 Exchange Visitor Professors and Research Scholars.

An individual may be selected for participation in the J-1 Exchange Visitor Program as a professor or research scholar if:

  • The J-1 professor or research scholar is not a candidate for a tenure track position;
  • The J-1 professor or research scholar has been accepted by the institution where he or she will participate in the exchange visitor program; and
  • The J-1 professor or research scholar has not been physically present in the United States during any portion of the twelve month period immediately preceding the commencement of the J-1 exchange visitor’s program.

The above mentioned twelve month period bar does not apply if:

  • The J-1 professor or research scholar is transferring to the sponsor’s program;
  • The J-1 professor’s or research scholar’s presence in the United States was of less than six months duration; or
  • The J-1 professor’s or research scholar’s presence in the United States was pursuant to a J-1 Short-term scholar exchange program.

Foreign medical graduates may enter the United States as J-1 professors or research scholars, but then must wait at least 12 months before they can reenter or change to begin a medical residency or training program.

4. Location of J-1 Professor or Research Scholar Activity.

J-1 Professors or research scholars must conduct their exchange activity at the location listed on Form DS-2019, which can be either at the location of the exchange visitor sponsor or at the site of a third party facilitating the exchange.

J-1 Professors and research scholars may participate in occasional lectures and short-term consultations at other locations not listed on Form DS-2019. In order to do so, the lectures and consultations must:

  • Be directly related to the objectives of the exchange visitor’s program;
  • Be Incidental to the exchange visitor’s primary program activities; and
  • Not delay the completion date of the exchange visitor’s program.

5. Duration of J-1 Exchange Professors and Research Scholars Status

J-1 Professors and Research scholars are authorized to participate in the Exchange Visitor Program for the length of time necessary to complete his or her program, which must not exceed three years.

J-1 Professors and Research Scholars may be authorized program extensions as follows. If necessary to complete a specific project or research activity, an RO may extend the three year period of program participation by six months.

The Department of State may also extend the three year period of program participation for exceptional or unusual circumstances, and if necessary to permit the J-1 researcher or professor to complete a specific project or research activity. A request for Department of State authorization to extend the period of program participation must be submitted no less than 60 days prior to the expiration of the participant’s permitted three year period of program participation, unless prevented by extraordinary circumstance.

6. Alternative Options for Foreign Professors and Research Scholars.

The J-1 Exchange Professors and Research Scholars category should be compared with the H-1B temporary worker category. The exchange visitor category may be a better fit for some due to the often lengthy application and petition process for professionals seeking H-1B classification. However, J-1 visa applicants must be aware of the potential applicability of the two-year home country residence requirement.