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Exchange Visitors
Types of visas
The Immigration and Nationality Act provides two
nonimmigrant visa types for individuals seeking to take part in exchange visitor
programs in the United States of America.
The "J" visa: allocated
for educational and
cultural exchange programs designated by the United States Information Agency (USIA).
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" visa:
allocated for international cultural exchange
programs designated by the Immigration and Naturalization Service (INS). 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.
Visa Requirements
Financial Resources
Participants in the "J" exchange
visitor program must have sufficient funds to cover all expenses. Such funds may
also
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 inelligibility and visa
waiver
The nonimmigrant visa application Form OF-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 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.
Required Documentation
Each applicant for an exchange visitor visa must
pay a nonrefundable US $45
application fee and submit:
1) An application Form OF-156, completed and
signed.
2) A passport valid for travel to the United
States and with a validity date at least six months beyond the applicant's
intended period of stay in the United States. If more than one person is
included in the passport, each person desiring a visa must make an application;
3) One photograph 1 and 1/2 inches square
(37x37mm) for each applicant, showing full face, without head covering, against
a light background; and
4) For the "J" applicant, a completed
Form IAP-66. For the "Q" applicant, a 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.
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.
Also, 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 "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 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 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 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 "J"
programs, Form IAP-66, and the ability to change programs or extend within a
program should be made to the USIA, Exchange Visitor Program Office,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.
Source
UNITED STATES DEPARTMENT OF
STATE
Bureau of Consular Affairs
Visa Services
February 1998
Some portions slightly
edited by AFRICAHOME.COM
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