Non-Immigrant Visas

Exchange Visitors

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. Department of State, Exchange Visitor Program and Designation Staff, 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 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.

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. 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 "Q" 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 "Q" 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 "Q" 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 "Q" programs, Form IAP-66, 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.

Travel Tips for Students and Exchange Visitors

1. Hand Carry (do not check) the following documents:
• Your passport;
• Your SEVIS form I-20 or DS-2019;
• Evidence of financial resources
• Evidence of student or exchange visitor status, such as tuition receipts, transcripts or letter of acceptance;
• Paper receipt for the SEVIS fee; and
• The name and contact information of your designated school official or sponsor.
2. Inform the CBP officer at the point of entry as soon as possible that you will be a new or returning student or exchange visitor in the United States. For more information go to www.cbp.gov  
3. Report to your school or program upon arrival so that your school official can validate your participation in SEVIS.
4. Maintain contact with your designated school or sponsor official throughout your stay to ensure your SEVIS date is updated and correct.

Important Note: If you are a new exchange visitor participant, remember to hand carry with you the sealed envelop given to you by the U.S. Department of State's Consular Officer- attached to your passport. It is important that you do not open this envelope.