Are there new rules for J1 and J2?

[karrad]

Hi,
I am considering accepting a job on a J1 visa. I read that there have been a few changes to the J-1 visa recently (Nov 2006) and they are

1) J1 valid for 5 years
2) Also an interesting provision such that if you enter J1 after Dec2006, the clock starts ticking and you have 5 years. If you leave say after 1 year on J1 then you have to stay out of the US for 24 months ("24 months bar").
Could somebody comment on this . I have posted the link
http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-10020.pdf

Thanks
Murthy

 

[LucyMO]

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.

 

[karrad]

"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."


That is very different from the previous case when there was a 3 year limit was it.
Karrad