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Exchange Visitors Visas
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 U.S. Citizenship and
Immigration Services (USCIS).
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 under the "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 DS-2019
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 U.S. Citizenship
and Immigration Services (USCIS). 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 U.S. Customs and Border Protection (CBP) has
authority to deny admission. Also, the CBP, 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, a CBP 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:
- Visa issuance
- admissions to the U.S.;
- benefit requests; and
- information reporting.
Visit the Student
and Exchange Visitor Information System (SEVIS) Website on the U.S.
Immigration and Customs Enforcement website.