CLASSIFICATIONS
The Immigration and Nationality Act 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 U.S. Information Agency, (USIA) 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
travel, observation, consultation, 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, 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 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 United States on exchange visitor
programs for the purpose of observation, consultation, teaching, or
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 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). The INS 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 OF-156 lists classes of persons
who are ineligible under U.S. law to receive visas. In some instances
an applicant who is ineligible, but who is otherwise properly
classifiable as an exchange visitor, may apply for a waiver of
ineligibility and be issued a visa if the waiver is approved.
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 U.S. consular
office abroad, it may be more difficult to qualify for the visa outside
the country of permanent residence.
Required Documentation
Each applicant for an exchange visitor visa must pay a nonrefundable
US$45 application fee and submit:
1) An application Form OF-156, completed and signed. Blank forms are
available without charge at all U.S. consular offices;
2) A passport valid for travel to the United States and with a validity
date at least six months beyond the applicant's intended period of stay
in the United States. If more than one person is included in the
passport, each person desiring a visa must make an application;
3) One photograph 1 and 1/2 inches square (37x37mm) for each applicant,
showing full face, without head covering, against a
light background; and
4) For the "J" applicant, a completed Form IAP-66. 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.
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
period for which the bearer of an exchange visitor visa is authorized to
remain in the United States is determined by the INS, not the consular
officer. At the port of entry, an INS official validates Form I-94,
Record of Arrival-Departure, which notes the length of stay permitted.
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 were
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 have been designated by USIA
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 particpate 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 IAP-66.
They must demonstrate that they will have sufficient financial resources
to cover all expenses while in the United States. Dependents may apply
to the INS for authorization to accept employment in the U.S. The "Q"
exchange program does not provide for the admission of the spouse or
children of a participant in a derivative status.
FURTHER INQUIRIES
Questions about the "J" programs, Form IAP-66, and the ability to change
programs or extend within a program should be made to the USIA, Exchange
Visitor Program Office,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 INS office. Questions on
visa application procedures at the American consular office abroad
should be made to that consular office by the applicant.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
February 1998