The 12 and 24 month rule affects J-1 exchange visitors who have been in the U.S. on a J-1 visa previously, and wish to return, using the J-1 visa. In essence, the 12-month and 24-month bars limit how quickly a person can "play the J-1 game" in succession. The bars create built-in pauses during which the scholar is not eligible to return to the US in J status. This, again, encourages the scholar to remain abroad to transfer the skills and knowledge they acquired in the USA to their colleagues in their home country.
The bars prohibit certain “repeat participation” in the Research Scholar or Professor categories only. Depending on what your previous J category was, you may be subject to a 12 month bar, a 24 month bar or have no bar at all.
Note that the 24-month bar to repeat J participation is different from the J-1 2-year home residence role. Although both are for the same amoun of time (730 days), there are completely different purposes and consequences to each rule.
Individuals who have been in the US for more than six months in the previous year (12 months) in any J status are not eligible to enter the US as a J-1 Research Scholar or Professor for a 12-month period. Time spent in the J-1 Short-term Scholar category does not count towards the 12-month bar. The 12-month bar applies to both the J-1 principal and any J-2 dependents. The 12-month bar does not prevent individuals from returning to the US in any other visa status or in some other J categories such the J-1 Student category.
Any individual who participates in a J-1 Exchange Visitor program in the Professor or Researcher Scholar categories is subject to a 24-month bar on “repeat participation” in those categories. Scholars subject to the bar may not return to the US as a J-1 scholar in the Professor or Research Scholar categories for the 24-month period.
When a scholar ends a Research Scholar or Professor J-1 program, the 24-month bar from starting a new J scholar program starts to accrue. The 24-month bar will be in effect regardless of whether status in the program is a few months in duration or the full five years allowed.
For example, a J Professor who comes for a single academic year, or a Research Scholar that comes for four months, and then goes home without having his/her SEVIS record kept open and active in his/her absence,
Therefore, it is extremely important for ISS to be informed of a scholar's departure and his/her future plans, so that the scholar's SEVIS record can be properly maintained to facilitate his/her possible return to the US. In some cases, it might be possible to keep a scholar's SEVIS record active if he/she will be out of the country yet continuing the program. We recommend contacting ISS to discuss a visitor's plans and intention to return to the US in the future so the SEVIS record may be correctly managed.
The 24-month bar does not bar individuals from returning to the US for non-J scholar programs, such as returning as an F-1 or J-1 student.
The "countdown" (for the time spent outside the USA before being eligible again to participate in a J-1 Research Scholar or Short-Term Scholar visit) begins on the date the J program is closed in the government database SEVIS. In other words, the 12-month or 24-month countdown does not begin solely because the individual has departed the USA.
Normally program closure happens automatically on the date that is 30-days after the end date of the J program listed on the Form DS-2019. If the scholar completes their program early or departs the USA without completion (such as due to a family emergency) and does not notify International Scholar Services as to their departure from the USA, then the SEVIS will not reflect the earlier closure date. This means that the repeat participation bars will be delayed in starting, which in turn means they will be delayed in ending.
For example - Mr. Spock was invited to participate in a J-1 Research Scholar visit to Purdue University for one year, beginning in 2020. He arrived at Purdue on January 1, 2020. On May 31, 2020, he discovered he needed to return home due to a family emergency and departed the USA. In his haste to depart, he forgot to notify International Scholar Services. In January 2022, his oroginal Purdue host department reaches out to ask him if he wants to try to visit again, beginning summer 2022. They reasoned that since Mr. Spock had departed the USA in May 2020, he ought to be eligible again to visit after May 2022. Sadly, it was only when he and his host department tried to submit the request for the new J-1 visit that International Scholar Services learned of the early departure in 2021. Unfortuantely, this meant that Mr. Spock's J program had not been closed following his departure in May 2022. Instead, The J program had closed (automatically) in SEVIS on January 30, 2022 (which would have been the end of the 30-days grace period following his one year program, if he had done what originally had been intended). Mr. Spock needed to wait until January 2024 before he could visit the USA again in either J-1 Short-Term Scholar or J-1 Research Scholar/Professor category.
Before the scholar enters the US, departments should consider the use of the J-1 "Short-Term Scholar" category when the scholar’s visit is for six months or less and he/she does not want to be affected by the 12 or 24 Month Bars in the future.
J-1 Short-term Scholar participants are not subjected to the 12- or 24-Month Bars. However, Short-Term Scholar visits are capped at 6-months. Extensions are not possible.
If a person is subject to the 24-Month bar (due to past participation in the USA in the J-1 Research Scholar or Professor category), the individual may not visit the USA as a J-1 Short-term Scholar. In other words, during the 24-month period the individual is ineligible for J-1 Research Scholar or Professor category, the person is also ineligible for the J-1 Short-Term Scholar category.
Purdue Unviersity offers up to two short-term scholar visits on a consecutive basis. If a scholar participates in back-to-back Short-term Scholar programs at Purdue (i.e. two 6-month Short-Term Scholar visits), then Purdue University will not offer participation as either a J-1 Short-Term Scholar or J-1 Research Scholar / Professor, until 24 months have past since the scholar's last J program was closed in SEVIS.
Below is a chart that shows whether a 12-month or 24-month bar might arise. The J categories in the column on the far left (in red) are the possible J visa cateogies you might have held in the past. The row headers in blue show the J program you are now interested in seeking sponsorship for.
The J-2 dependent is subject to the same bar as the J-1. In other words, if you previously were the J-2 of a J-1 Short-Term Scholar, you would begin by looking to the red J-1 Short-Term Scholar category cell on the far left. If you or your family member wants to pursue a future J-1 Short-Term Scholar visit, then you would look to the (blue) J-1 Short-Term Scholar cell.
If you have held the visa classification in red for any time at all (even as little as one day), up to but less than 6 months, and you want to pursue one of the J visa classes in blue...
J-1 Student Degree / Non-Degree | J-1 Student Intern | J-1 Short-Term Scholar | J-1 Specialist | J-1 Research Scholar | |
J-1 Student Non-Degree / Degree | (no comment) | No bar | No bar | No bar | No bar |
J-1 Student Intern | No bar | No bar | No bar | No bar | |
J-1 Short-Term Scholar | No bar | No bar | No bar | ||
J-1 Specialist | No bar | No bar | No bar | ||
J-1 Research Scholar / Professor | No bar | 24-month bar |
If you have held the visa classification in red for 6 months or more, and you want to pursue one of the J visa classes in blue...
J-1 Student Degree / Non-Degree | J-1 Student Intern | J-1 Short-Term Scholar | J-1 Specialist | J-1 Research Scholar | |
J-1 Student Non-Degree | (no comment) | No bar | No bar | No bar | 12-month bar |
J-1 Student Intern | No bar | No bar | No bar | 12-month bar | |
J-1 Short-Term Scholar | No bar | No bar | 12-month bar | ||
J-1 Specialist | No bar | No bar | 12-month bar | ||
J-1 Research Scholar / Professor | No bar | 24-month bar |