• Policy
  
  
• Extensions Beyond 5 Years
  
  
• Foreign Scientists
  
  
• Applicability
  
  
• Proposed "Model" Memo Concerning 5/8 Year Rule

1. It is the general policy of the NIH that postdoctoral trainees should not remain at NIH for more than 5 years.
   
   
2. There is an overall limitation of not more than 8 years at NIH, regardless of appointment mechanism, unless a scientist is approved for tenure-track, tenure, staff scientist, staff clinician, or other permanent/continuing appointment.
   
   

The operative principle is that a postdoctoral scientist should not be retained for an excessively long period in NIH facilities (with NIH funds possibly inappropriately funneled through a contract or via the IPA mechanism) in a temporary status (except for appointees to tenure-track). Excessively long appointments in temporary positions can undermine both the career of the individual and the vitality and excellence of intramural research programs.

If an IC wishes to retain a trainee beyond five years, a justification must accompany the requested appointment that:

• articulates the proposed career course, e.g., expectation to recommend the trainee to compete for a Staff Scientist/Clinician position or tenure-track appointment,
  
  or
  
  
• defines an overriding programmatic need for the individual to stay beyond 5 years, with a specified termination date,
  
  and
  
  
• gives the FTE appointment mechanism selected to retain the scientist.

A copy of the above justification will be provided to the employee and sent to the Office of Intramural Research (OIR).

The accommodation of foreign scientists within the above policy will depend on their visa status. If the scientist is approved to stay at NIH beyond his/her eligibility for the J-1 visa, the NIH will normally seek the 0-1 visa without a waiver of the 2-year home country residency requirement. In such instance, the 0-1 visa would have to be issued by a prearranged consulate outside the U.S. (e.g., home country, Canada, etc.). (For more information about different types of Visas click here.)

If the individual and the IC insist on a waiver and this is approved as an exception by the DDIR, the NIH will have to obtain the waiver through the HHS EVWRB before petitioning for the 0-1 or H-1B visa, as appropriate. The entire process typically requires 12 to 18 months. Thus, it is imperative that plans for such scientists are made and approved well in advance of J-1 visa expiration, to allow for the extensive lead time.

This policy applies to all temporary, non-tenure-track, postdoctoral level individuals at NIH. If such a person returns to NIH after being away for a period, the clock will resume ticking and not be reset to zero. The 5 year/8 year rule applies to postdoctoral trainees, so any time spent working at NIH before receipt of a doctorate does not count.

The 5 year/8 year rule does not apply to Adjunct Investigators who have a permanent position outside of the NIH intramural program. It also does not apply to a company employee, (i.e., someone paid by company funds) who may happen to be a Guest Researcher at NIH, or to a university professor, who typically is a more senior scientist on sabbatical at NIH.