Exchange Visitors Visas (J)
The Immigration and Nationality Act (INA) provides
two nonimmigrant visa categories for persons to participate in exchange
visitor programs in the United States. The "J" visa is for educational
and cultural exchange programs designated by the Department of State,
Bureau of Consular Affairs, and the "Q" visa is for international
cultural exchange programs designated by the Immigration and Naturalization
Service (INS).
The "J" exchange visitor program is designed to
promote the interchange of persons, knowledge, and skills in the fields
of education, arts, and sciences. Participants include students at
all academic levels; trainees obtaining on-the-job training with firms,
institutions, and agencies; teachers of primary, secondary, and specialized
schools; professors coming to teach or do research at institutions
of higher learning; research scholars; professional trainees in the
medical and allied fields; and international visitors coming for the
purpose of traveling, observing, consulting, conducting research,
training, sharing, or demonstrating specialized knowledge or skills,
or participating in organized people-to-people programs.
The "Q" international cultural exchange program
is for the purpose of providing practical training and employment,
and the sharing of the history, culture, and traditions of the participant's
home country in the United States.
BACKGROUND REQUIREMENTS
Financial Resources
Participants in the "J"exchange visitor program must have sufficient
funds to cover all expenses, or funds must be provided by the sponsoring
organization in the form of a scholarship or other stipend. "Q" exchange
visitors will be paid by their employing sponsor at the same rate
paid to local domestic workers similarly employed.
Scholastic Preparation
"J" exchange visitors must have sufficient scholastic preparation
to participate in the designated program, including knowledge of the
English language, or the exchange program must be designed to accommodate
non-English speaking participants. The "Q" exchange visitor must be
at least 18 years old and be able to communicate effectively about
the cultural attributes of his or her country.
Medical Education and Training
Exchange visitors coming underthe "J" program for graduate medical
education or training must meet certain special requirements. These
requirements include passing the Foreign Medical Graduate Examination
in Medical Sciences, demonstrating competency in English, being automatically
subject to the two-year foreign residence requirement (after completion
of their program), and being subject to time limits on the duration
of their program. Physicians coming to the United States on exchange
visitor programs for the purpose of observation, consultation, teaching,
or conducting research in which there is little or no patient care
are not subject to the above requirements.
Forms/Petitions
Participants in the "J" program must present a Form IAP-66 Certificate
of Eligibility for Exchange Visitor (J-1) Status prepared by a designated
sponsoring organization.
Participants in the "Q" program must have the designated sponsoring
organization file Form I-129, Petition for Nonimmigrant Worker, with
the Immigration and Naturalization Service (INS). For more details
on how to file for a Q petition, please see the Temporary Workers
section.
Admission through a U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into
the United States. The INS has authority to deny admission. Also,
the INS, not the Department of State Consular Officer, determines
the period for which the bearer of an exchange visitor visa is authorized
to stay in the United States. At the port of entry, an INS official
stamps and endorses Form I-94, Record of Arrival-Departure, specifying
the period of time that the alien is authorized to stay in the United
States.
Click to find out more information about the differences
between a visa and a Record of Arrival-Departure.
For information on Visa Application Procedures and
other related information about exchange visitors, please visit the
Visa Services Website of the Department of State.
Student and Exchange Visitors Program (SEVP)
Also see Sec. 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) of 1996 (Pub. L. 104-208). Section 641
of IIRIRA is one of the catalysts behind a new interagency initiative,
the Student and Exchange Visitors Program (SEVP). SEVP is designed
to improve processes for foreign students and exchange visitors holding
F, J and M visas, and schools, colleges and other organizations sponsoring
programs for these visa holders.
SEVP will facilitate and automate several processes
affecting exchange visitors, such as: