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 Immigration and Naturalization Service (INS).
Exchange Visitors in J-1 Status
An exchange visitor alien must be sponsored by a designated exchange visitor program. An exchange visitor program wishing to sponsor an alien issues that alien a Form DS-2019. Form DS-2019 is a three copy, color-coded form. Upon admission, the alien is given the pink copy noting admission. This copy may be used for subsequent admissions to the United States within the period the Form DS-2019 remains valid.
Types of J-1
- Professors and research scholars
- Short term scholars
- Trainee
- College and university students
- Teachers
- Secondary school students
- Specialists: Persons with special skills coming to observe, consult or demonstrate
- Alien Physicians
- International visitors
- Government visitors
- Summer travel/work programs (discussed in more detail below)
- Camp counselors:
- Au Pairs
- visitor is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children.
To qualify for J status the visitor must meet the following qualifications:
- 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;
- 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;
- must be 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; and
- must present a Form IAP-66 Certificate of Eligibility for Exchange Visitor (J-1) Status prepared by a designated sponsoring organization.
Change of Status
J-1 visitors may apply for a change of status. The most frequents changes include: change to F-1/student status; B-1/B-2 visitor status; H-1B working visa. If the J-1 visitor fears to go back to his or her country due to persecution based on nationality, political opinion, membership in a social group, race or religion he/she may apply for political asylum in the United States .
