of the J-1 Visa
A) An individual who has received a NOS waiver of
the NIH J-1 visa two-year home country residence requirement (based
on assurance to the NIH of acceptance of a scientific position
outside the NIH--and subsequent waiver recommendation by the FIC/NIH
to the USIA) cannot remain at, or return to, the NIH in any capacity,
including Guest Researcher or Special Volunteer status, even if paid
by an outside source (e.g. personal funds, contractor, outside
employer, or CRADA-funds), unless:
1. At least 2 years have elapsed, or2. The individual has been approved by the Deputy Director for Intramural Research for a Tenure-Track, Tenure, or Staff Scientist/Clinician position.
By special exception to the NIH NOS waiver policy, and within the parameters of the 5 year/8 year rule, someone who is an employee of an outside organization may be allowed, for a limited period (up to one year) and on a part-time basis (less than 20 hours per week), to complete ongoing studies as a Guest Researcher or Special Volunteer.
The above policy also applies to dependents who hold the J-2 visa
by virtue of a primary J-1 visa holder. For example, a spouse working
at the NIH on a J-2 visa cannot remain at the NIH if the J-1 spouse
receives a NOS waiver.
B) In order to expedite the processing of NIH recruitments that are in the national interest, the NIH will not object to a NOS waiver for someone approved for a tenure-track, tenure or staff scientist/staff clinician position.
The policies in (A) and (B) do not apply to those scientists from countries that "object" or to those who have been on ECFMG-sponsored J-1 visas, who must apply for an IGA (Interested Government Agency) waiver, requiring application to the DHHS Exchange Visitor Waiver Review Board.