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| Thursday, Jul. 24, 2008 |
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 U.S. Citizenship and Immigration Services (USCIS).
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 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.
Forms/Petitions
Participants in the "J" program must present a Form DS-2019 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 file Form I-129, Petition for Nonimmigrant Worker, with the U.S.
Citizenship and Immigration Services (USCIS).
Admission through a U.S. Port of Entry
Applicants should be aware that a visa does not guarantee entry into the United
States. The U.S. Customs and Border Protection (CBP) has authority to deny admission.
Also, the CBP, 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 CBP 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.