The J-1 Visa Extension Review Committee (JVERC) was established in 1996 to consider requests, submitted by a Scientific Director, for extension of the duration of the NIH-sponsored J-1 Exchange Visitor Visa, which is initially awarded for a maximum of 3 years. The NIH is permitted to request an extension for a 4th or 5th year from the USIA, which authorizes the J-1 Visa program. The maximum duration of 5 years as a Visiting Fellow (5 year/8 year rule) can only be pursued if such an extension is approved by the USIA. Such requests for extensions are approved based on continuity of scientific program and necessity for the additional 1-2 years to complete a body of scientific work and/or training.

February 9, 2000

 TO: Scientific Directors, NIH

 FROM: Deputy Director for Intramural Research, NIH

SUBJECT: Clarification of Department of State Policy Regarding Extension of J-1 Visas

Beyond Three Years for Exchange Visitors Who Transferred to NIH From Another Institution

The J-1 Exchange Visitor (Research Scholar) Program permits scientists to come to the United States to pursue a research program for 3 years. NIH has the authority to grant a terminal 6-month extension without the approval of the US Department of State (DOS) which now is responsible for the visa program. Since July 1996, it has been possible to request a one-time exceptional extension for a fourth and fifth year from DOS to enable the Exchange Visitor to complete his or her original research program. These requests are reviewed by the J-1 Visa Extension Review Committee (JVERC) before submission to the DOS to verify that the requirements for extension have been met, including continuity of the research program, funding by the US or home country government, and importance of the proposed research to the candidate's career objectives. Upon expiration of the J-1 visa, the Exchange Visitor is generally required to return to his or her home country for two years.

 In November 1999, DOS notified NIH that it would no longer consider requests for J-1 visa extension beyond three years for Research Scholars who received their initial J-1 visa from another institution and then transferred to NIH, because they considered this a second postdoctoral fellowship rather than completion of an ongoing research program. In response to NIH objections, DOS has agreed to resume reviewing extension requests for Research Scholars who had transferred from another institution on a case-by-case basis. They emphasized, however, that approval ONLY would be granted for continuation of an ongoing program. Demonstration of continuity is especially critical for Exchange Visitors who transferred to NIH during the third and final year of their original J-1 visa.

 Continuity of the research program is evident when the Exchange Visitor moved to NIH with the original supervisor, or transferred to an NIH laboratory that has a formal scientific collaboration with the original laboratory. In all other instances where institutional transfer is involved, additional documentation demonstrating continuity should be provided. Letters of support should be obtained from the Exchange Visitor's home country (ideally, from a prospective future employer) stating the importance of the additional training at NIH to his or her future research career upon returning home. In addition, letters should be provided from the Exchange Visitor stating his or her educational objectives, career goals when he or she returns to the home country, and how transfer to NIH was necessary to achieve these goals; and from the NIH sponsor (and the original research sponsor, if possible) describing in lay terms how the Exchange Visitor's research at NIH is a continuation of the original program, and how the training at NIH is essential for the Exchange Visitor's future career.

 Extension of J-1 visas beyond 3 years is never guaranteed. Requests to extend Research Scholars who received their initial J-1 visa from another institution are scrutinized particularly closely by DOS, especially when the transfer occurred during the last year of the initial J-1 visa. Extension only is possible to complete an ongoing research program, and is subject to review and approval by DOS. NIH investigators who are considering sponsoring a prospective Exchange Visitor who obtained his or her J-1 visa elsewhere should discuss frankly the uncertainty of possible visa extension before deciding whether transfer for a potentially short period is in their mutual best interest.