Alerts, Updates and Information
The Department of Labor has issued final rules regarding the labor certification process for the permanent employment of aliens in the United States. The stated purpose of the Final Rule, which was effective July 16, 2007, is to enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. One of the major changes affecting UT System institutions, as employers, is that an employer must pay all costs of the labor certification process including, but not limited to, advertising costs and attorneys’ fees for work done in pursuing the labor certification on behalf of the employer and may not seek reimbursement from the employee beneficiary for these costs. UT System institutions that file permanent labor certifications to retain the employment of foreign workers should review and, if necessary, modify their policies and/or practices so that they do not require or allow the foreign national to pay employer related attorneys’ fees.
J-1 Minimum Salary Requirements
Effective September 1, 2007, the minimum salary for a J-1 must be $24,000 annually to meet the Fair Labor Standards Act for an Exempt position.
Please use the A&P Job Code 0633 Research Scholar.
New J Regulations
U.S. regulations have extended the time a person can remain in the J status from three years to five years. Please note the bar for repeat participation and the insurance requirements. This bar is in addition to Home Residency bar which continues to be in effect.
J-1 Scholar or Professor
- 5 Year Rule
The maximum period of participation for J Professors and Research Scholars will be raised from three years to five years. The period of participation is a five-year period, which starts from the program begin date on the DS–2019. This means that exchange visitors on these two categories may now extend up to 5 years, if needed. The five-year period is a “continuous” period given to a participant on a “use or lose” basis.
The J-1 person’s program may be kept open for the 5 year time period allowing the J-1 to enter and leave re-enter the U.S. The J-1 and J-2 dependents must provide proof of insurance that will cover them while in the U.S. even during the time they are outside the U.S. The J-1s UTD department must request the program remain open.
- 24 Month Bar
A new 24–month (two-year) bar on repeat participation in the J Professor or Research Scholar categories will be instituted for those who complete their program participation.
This means that any foreign national that comes to the US for any length of time in the Professor or Research Scholar categories will not be able to come back to the US in the J or F status categories for a period of two years.
- Application of the 5 Year Rule and the 24 Month Bar
The 5 Year Rule and the 24-Month Bar will apply only to those who:
are currently in the US in J status in the Professor or Research Scholar categories for any length of time and will complete their J program on or after the date the new rule became effective or new incoming J Exchange Visitors on the Research Scholar or Professor categories.
- Short-Term Scholar
Length of Stay:
A short-term scholar may stay in the U.S. for a period of one day up to a six month maximum. No extensions are possible after the six month maximum has been reached.
There is a 12 month (one year) bar on repeat participation in any F or J status.
Need assistance with an employment issue? Have a compliment or complaint? You may click on the above link to view the contact information for the Employment team members or you can take the HRM customer service survey.
Last Updated: February 24, 2012