CLASSIFICATIONS
The Immigration and Nationality Act provides two nonimmigrant visa categorie
s 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 internation
al 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 a
re 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 a
pplication 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.
New 5 year program/24 month bar for J-1 Research Scholar/Professors
We are presenting these options due to a new federal regulation
allowing scholars in the J Research Scholar or Professor categories
to stay for five years while also subjecting them to a 24 month bar
from repeat participation under the Research Scholar or Professor
categories after program completion. This new rule applies to all J
Research Scholars or Professors who complete their programs after
November 18, 2006.
Key points to understand and apply the new rule:
The new rule applies to individuals in the Research Scholar and
Professor categories only.
The maximum period of program duration for J Professors and
Research Scholars is now five instead of three years.
The five-year period is not an aggregate. It is a continuous five-
year period given to a participant on a “use or lose” basis.
Upon program completion, the J Research Scholar or Professor cannot
repeat participation (at UCD or another program) in the Research
Scholar/Professor category for 24 months.
The 24-month bar applies equally to Research Scholar/Professors
upon program completion regardless of time spent (3 weeks vs. 5
years) or the reason for ending the program.
Individuals who complete their programs early cannot access unused
time at a future date. They must wait 24 months to restart a new
program.
The 24 month bar does not prevent individuals from returning in
another J category (e.g., Short Term Scholar or Specialist) or visa
status (e.g. H-1B).
The 24 month bar is separate and distinct from the long-standing
two-year home residency requirement (which could apply to any J
scholar based on government funding or the home country skills
list) and the 6 month bar which applies to J Research Scholar/
Professor who has spent more than 6 months in any J status (except
Short Term Scholar) during the year prior to the proposed new
program start date.
Choosing a J-1 category in light of the new 5 year/24 month bar rule
J-1 Short-Term Scholar
This category may be used for stays up to 6 months.
Advantage:
Category does not subject the scholar to the 24 month bar. The
scholar may return to the U.S. in any of the above listed J-
categories.
Disadvantage:
Program duration in this category is limited to 6 months without
the possibility of extension. To continue research past 6 months, a
new DS-2019 needs to be issued and the scholar will have to leave
the U.S to apply for a new J-1 visa.
J-1 Specialist
This category may be used for stays up to 12 months.
Advantage:
Category does not subject the scholar to the 24 month bar. The
scholar may return to the U.S. as Short-Term Scholar or Specialist.
The scholar may return to the US as a Research Scholar/Professor
(if not subject to 6 month bar – see below).
Disadvantage:
Program duration in this category is limited to 12 months without
the possibility of extension. To continue research past 12 months,
a new DS-2019 needs to be issued and the scholar will have to leave
the U.S to apply for a new J-1 visa. If subject to the 6 month bar,
scholar will have to wait for 6 months to return in the J-Research
Scholar/ Professor category. (This is the case when the J-
Specialist has been in the program for more than 6 months during
the one year prior to the new program start date).
J-1 Research Scholar/Professor
This category may be used for stays up to 5 years.
Advantage:
Scholar may stay in the J-1 program up to 5 years.
Disadvantage:
Once the scholar completes the program after 5 years or less, the
24 month bar applies preventing the scholar from repeating
participation under the J-1 Research Scholar/ Professor categories
for 24 months. If subject to the 6 month bar, scholar will have to
wait for 6 months to return in the J-Research Scholar/ Professor
category. (This is the case when the J-Specialist has been in the
program for more than 6 months during the one year prior to the new
program start date).
REMINDER: The 24 month bar is separate from the 2 year home
residence requirement determined by the Dept. of State and based on
the scholar receiving government funding or working in an area
covered by the home country’s skills list. If subject to the 2
year home residency requirement, the scholar must return home for
two years after program completion or obtain a waiver from the
Dept. of State. Obtaining a waiver is the scholar’s responsibility.
Additional information about this requirement and the waiver
process is available at http://travel.state.gov/visa/temp/types/
types_1267.html#12.