J-1 Exchange Visitiors
Exchange Visitors Visas (J-1)
CLASSIFICATIONS
The Immigration and
Nationality Act provides two nonimmigrant visa categories for persons to participate
in exchange visitor programs in the
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 travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.
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 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
under the "J" program for graduate medical education or training must meet certain
special requirements. They include having passed the Foreign Medical Graduate Examination
in Medical Sciences, demonstrating competency in English, being automatically subject
to the two-year foreign residence requirement (later), and being subject to time
limits on the duration of their program. Physicians coming to the
Forms/Petitions
Participants in the "J" program must present a Form DS-2019 prepared by a designated sponsoring organization. Please Note: As of September 1, 2002, Form DS-2019 will replace the IAP-66 as the official form to be used in the administration of the exchange visitor program. The cut-off date for the use of the Form IAP-66 is August 31, 2002. Exchange Visitor Program sponsors should use only Form DS-2019 to document exchange visitors after August 31, 2002. Forms IAP-66 issued and dated prior to August 31 should be accepted by consular officers in support of visa applications. Participants in the "Q" program must have the designated sponsoring organization file Form I-129, Petition for Nonimmigrant Worker, with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS). The USCIS will notify the sponsor on Form I-797 when the petition is approved. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found to be ineligible under the Immigration and Nationality Act.
VISA INELIGIBILITY/ WAIVER
The nonimmigrant visa
application Form DS-156 lists classes of persons who are ineligible under
WHEN DO I NEED TO APPLY FOR MY VISA?
Exchange visitor visa applicants are encouraged to apply for their visa early to provide ample time for visa processing. Applicants may apply for their visa as soon as they are prepared to do so.
The consular officer may need to get special clearances depending on the course of study and nationality of the student. This can take some additional time. For more information on applicants who may have additional processing requirements see Special Processing Requirements.
Exchange visitors should note that Embassies and Consulates are able to issue your student visa 90 days or less, in advance of the course of study registration date. If you apply for your visa more than 90 days prior to your start date or reporting date as provided on the Form DS-2019, the Embassy or Consulate will hold your application until it is able to issue the visa. Consular officials will use that extra time to accomplish any of the necessary special clearances or other processes that may be required.
APPLYING FOR THE VISA
Applicants for exchange
visitor visas should generally apply at the U.S. Embassy or Consulate with jurisdiction
over their place of permanent residence. Although visa applicants may apply at any
Required Documentation
Each applicant for an exchange visitor visa must pay a nonrefundable US$100 application fee and submit:
1) An application Form
DS-156, together with a Form DS-158. Both forms must be completed and signed. Some
applicants will also be required to complete and sign Form DS-157. Blank forms are
available without charge at all
2) A passport valid
for travel to the
3) One (1) 2x2 photograph. See the required photo format explained in nonimmigrant photograph requirements.
4) For the "J" applicant, a completed Form DS-2019. For the "Q" applicant, a notice of approval, Form I-797.
Other Documentation Both "J" and "Q" applicants must demonstrate to the consular officer that they have binding ties to a residence in a foreign country which they have no intention of abandoning, and that they are coming to the United States for a temporary period. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.
Applicants should be
aware that a visa does not guarantee entry into the
ADDITIONAL INFORMATION
Employment
Employment while in "J" exchange visitor status depends upon the terms of the program. Participants in programs which provide for on-the-job training, teaching, research, or other activities which involve paid employment may accept such employment. Participants in programs which do not involve work may not accept outside employment. The "Q" international cultural exchange program specifically authorizes paid employment as part of the program.
Foreign Residency Requirement
Certain "J" exchange visitors who participate in programs which are financed in whole or in part, directly or indirectly, by an agency of the U.S. Government or by the exchange visitor's government, or who are nationals or residents of a country which has been designated by the Exchange Visitor Program and Designation Staff as requiring the skills of the exchange visitor, must return to their country of nationality or last residence after completing their program in the United States, and reside there physically for two years before they may become eligible to apply for an immigrant or temporary worker visa. "Q" exchange visitors may not participate in another "Q" program until they have been abroad for one year.
Family Members
The spouse and minor
children of participants in "J" exchange programs may apply for derivative "J-2"
visas to accompany or follow to join the principal alien by presenting a copy of
the principal's Form DS-2019. They must demonstrate that they will have sufficient
financial resources to cover all expenses while in the
FURTHER INQUIRIES
Questions about the "J" programs, Form DS-2019, and the ability to change programs or extend within a program should be made to the Department of State, Education and Cultural Affairs Bureau, Exchange Visitor and Program Designation Staff, Washington, D.C. Questions about "Q" petitioning procedures, qualifications for various classifications, and conditions and limitations on employment should be made by the prospective employer or agent in the United States to the nearest USCIS office. Questions on visa application procedures at the American consular office abroad should be made to that consular office by the applicant.
How Can I Check the Status of My Application?