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Exchange Visitors Visas
Financial Resources
Scholastic Preparation
Medical Education and Training
Forms/Petitions
Admission through a U.S. Port of Entry
Student and
Exchange Visitors Program on the U.S. Immigration and Customs
Enforcement (ICE) website
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.
For information on Visa Application Procedures and other related
information about exchange visitors, please visit the Visa
Services Website of the Department of State. More specific information
can be found at the Department
of State Exchange Visitor (J) Visas Website.
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.
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