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EXCHANGE
VISITORS: The J and Q 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 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).
J VISA
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.
- Financial Resources:
"J" applicants 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.
-
Scholastic Preparation:
J applicants 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.
- 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
(see Home Residency
Requirement and Waivers), 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: J
applicants must present a Form IAP-66 prepared by a designated
sponsoring organization.
-
Employment:
Employment while in J status depends upon the terms of the
program. Participants in programs that provide on-the-job
training, teaching, research, or other activities involving
paid employment may accept such employment. Participants
in programs that do not involve work may not accept outside
employment. Back to
top.
-
Two
Year Home Residency Requirement:
Certain J holders who participate in programs
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 as requiring the skills of the
exchange visitor, must return to their country of nationality
or last residence after completing their program in the
U.S., and physically reside there for two years before they
may become eligible to apply for an immigrant (green card
or permanent residence) or temporary worker visa (such as
the H1B or L1; may be eligible to switch to other categories,
such as the O-1 for persons of extraordinary ability).
For more information on J Foreign
Residency Requirement and Waiver, click here.
- Family Members: The
spouse and minor children of principal J applicants may apply
for derivative "J-2" visas to accompany or follow to join
the principal J applicant 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 U.S.
Dependents may apply to the INS for authorization to accept
employment in the U.S. Note that in cases where the principal
J-1 is subject to the home residency requirement, the derivative
J-2 holders will also be subject to the home residency requirement
as well. For more information on the J
Home Residency Requirement and Waiver, click here.
Back to top.
- Extension
of J-1 Status/Changing Programs: The Program Designation
Branch in the Bureau of Education, Cultural Exchanges and
Academic Programs (ECA) handles J-1 extensions, category changes,
and program transfers. You must contact them directly at 202-401-9810
if you have questions about one of these issues. To obtain
an extension of the 30-day voluntary departure status, you
must contact INS. To obtain an extension beyond the maximum
limitation of stay of my exchange visitor program, you must
contact the responsible officer/alternate responsible officer
at your institution.
- Lost
DSP/IAP-66 Forms: To obtain copies of lost DSP/IAP-66
forms, an exchange visitor should contact his/her responsible
officer or alternate responsible officer of the exchange visitor
program in which you participated while on the J-1 visa. Back
to top.
Q VISA
The "Q" international cultural
exchange program was set up to provide practical training, employment,
and the sharing of the history, culture, and traditions of a
participant's home country in the U.S. Back to top.
- Financial
Resources: Employer/sponsors
must pay Q applicants at the same
rate paid to local domestic workers
similarly employed.
- Scholastic
Preparation: Q
applicants must be 18 years old
and able to communicate effectively
about the cultural attributes of
their countries.
- Forms/Petitions:
Q
program participants must have a
designated sponsoring organization
file Form I-129, Petition for Nonimmigrant
Worker, with the Immigration and
Naturalization Service (INS). The
INS will notify the sponsor when
the petition is approved. Please
note that the approval of a petition
does not guarantee visa issuance
to an applicant found to be ineligible
under the Immigration and Nationality
Act.
- Employment:
The
Q international cultural exchange
program specifically authorizes
paid employment as part of the program.
- Foreign
Residency Requirement: Q
holders may not particpate in another
Q program until they have been abroad
for at least one year.
- Family
Members: The
Q exchange program does not provide
for the admission of the spouse
or children of a participant in
a derivative status.
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