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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 US Citizenship and Immigration
Services (CIS).
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 underthe "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 IAP-66
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 fileForm I-129 Petition for Nonimmigrant Worker,
with the US Citizenship and Immigration Services (CIS).
Admission through a U.S. Port of
Entry
Applicants should be aware that a visa does not guarantee entry into the
United States. The Bureau of Customs and Border Protection (BCBP) has
authority to deny admission. Also, the BCBP, 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 CIS 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.
Student and Exchange Visitors
Program (SEVP)
Also see Sec. 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act (IIRIRA) of 1996.
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:
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Visa issuance
，
admissions to the U.S.;
，
benefit requests; and
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information reporting.
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