J and Q Visas

CLASSIFICATIONS

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 Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS).

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 DS-2019 prepared by a designated sponsoring organization. Please Note: As of September 1, 2002, Form DS-2019 has replaced the IAP-66 as the official form to be used in the administration of the exchange visitor program. Participants in the "Q" program must have the designated sponsoring organization file Form I-129, Petition for Nonimmigrant Worker, with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS). The BCIS 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 DS-156 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 their ineligibility and be issued a visa if the waiver is approved.

SEVIS (Student Exchange Visa) REQUIREMENTS (for "J" visas only)

Beginning September 1, 2004, there is a fee for the SEVIS program that must be payed before applying for an F, M, or J  visa. For more information on this fee, please see the attached notice.

Academic Institutions and Program Sponsor are required to enter data from DS-2019 form into the SEVIS System before the issuance of a visa is permitted. It is the responsibility of the applicant to make sure that such requirement is met by the Academic Institutions and Program Sponsor. The same procedure applies to family members obtaining a visa to accompany the principal applicant.

WHEN DO I NEED TO APPLY FOR MY VISA?

Exchange visitor visa applicants are encouraged to apply for their visa early to provide ample time for visa processing. Applicants may apply for their visa as soon as they are prepared to do so.

The consular officer may need to get special clearances depending on the course of study and nationality of the student. This can take some additional time.

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.

REQUIRED DOCUMENTATION

• BNL receipt of payment of the non-refundable Machine Readable Visa application fee.
• The completed visa application form DS-156, DS-158, and DS-157 (when applicable).
• A passport valid for travel to the United States. If more than one person is included in the passport, each individual desiring a visa must make a separate application;
• One passport size photo for each visa applicant, including infants (see the "Photo Requirements" webpage).
• The SEVIS receipt.
• For the "J" applicant, the original Form DS-2019 provided by the sponsoring organization in the U.S.A.
  For the "Q" applicant, the original of the notice of approval, Form I-797.

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.

ADDITIONAL INFORMATION

Employment

Employment while in "J" 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 "J" exchange visitors who participate in programs which are 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 has been designated by the Exchange Visitor Program and Designation Staff 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 participate in another "Q" program until they have been abroad for one year.

Family Members

The spouse and minor children of participants in "J" exchange programs may apply for derivative "J-2" visas to accompany or follow to join the principal alien by presenting their own Form DS-2019. They must demonstrate that they will have sufficient financial resources to cover all expenses while in the United States. Dependents may apply to the BCIS 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 "J" programs, Form DS-2019, 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 BCIS office. Questions on visa application procedures at the American consular office abroad should be made to that consular office by the applicant.