Non-Immigrant Visas
Exchange Visitors (J & Q Visas)
The Immigration and Nationality Act provides two non-immigrant 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. Department of State, Exchange Visitor Program and Designation Staff, and the "Q" visa is for international cultural exchange programs designated by the Bureau of Citizenship and Naturalization (BCIS).
The "J" exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the field 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.
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 an original DS-2019 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 Bureau of Citizenship and Naturalization (BCIS).
The BCIS 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. All J visa applicants are required to pay the SEVIS fee prior to submitting their application. Details on I-901 SEVIS Fee for F, M, & J Nonimmigrant Students & Exchange Visitors.
Other Documentation
Both "J" and "Q" applicants must demonstrate to the consular officer that they have binding ties to a residence outside the United States 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.
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 that 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 national 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 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 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 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 INS office. Questions on visa application procedures at the American consular office abroad should be made to that consular office by the applicant.