OVERVIEW

A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel.

DEFINITION

The Immigration and Nationality Act (INA) provides the exchange visitor (J) nonimmigrant visa category for persons who are approved to participate in exchange visitor programs in the United States. This means that before you can apply at an American Embassy or Consulate for a J visa, you must apply, meet the requirements, and be accepted in an Exchange Visitor Program through a designated sponsoring organization.

Persons participating in these programs include post graduate students, foreign medical graduates seeking to pursue graduate medical education or training, foreign scholars sponsored by universities as temporary faculty, and some business trainees. In addition, there are several exchange visitor programs for young people, including summer employment programs, intern programs for university students, and au-pair programs.

ELIGIBILITY

The Immigration and Nationality Act (INA) is very specific with regard to the requirements, which must be met by applicants to qualify for the exchange visitor (J) visa. The consular officer will determine whether you qualify for the visa. Applicants must demonstrate that they properly meet the requirements to be issued an exchange visitor visa, including the following:

• That they plan to remain in the U.S. for a temporary, specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit.
• Sufficient scholastic preparation and proficiency in the English language to participate in the designated program (Applicant may be exempt from this requirement if he or she intends to come to the U.S. to participate exclusively in an English language training program).

DOCTORS OF MEDICINE

Through the j-1 visa category, foreign medical graduates may pursue graduate medical education or training at accredited schools of medicine or scientific institutions. Program participants in this category are sponsored solely by the Educational Commission for Foreign Medical Graduates (ECFMG).
To be eligible, foreign medical graduates must meet several criteria including, but not limited to, the following. They must have adequate prior education and training, and pass any of several qualifying exams, identified in the regulations. Competency in oral and written English is required. Program participants must provide a statement of need from the government of the country of their nationality or last legal permanent residence, and an agreement or contract from a U.S. accredited medical school, an affiliated hospital, or a scientific institution to provide the accredited medical education.

TWO YEAR HOME RESIDENCY REQUIREMENT

A former exchange visitor may not be issued an immigrant, fiancé(e), temporary worker or intra company transferee visa until he/she has resided and been physically present in the country of his/her nationality or last residence for at least two years following the termination of exchange visitor status if one or more of the following conditions applies:

• The program was financed in whole or in part, directly or indirectly, by an agency of the United States government or by the country of exchange visitor's nationality or last residence; or
  
• The exchange visitor was a national or resident of a country which the Secretary of State has designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skills in which the alien was engaged during the exchange visitor program; or
  
• The exchange visitor was a physician who entered the United States to receive medical education or training (except those who participated in a program involving exclusively teaching research or consultation).

Qualified applicants may obtain a waiver of the J Visa Two-Year Foreign Residence Requirement.

MAXIMUM PERIOD OF ADMISSION

The holder of an exchange visitor J-1 visa will be admitted to the United States for the duration of the program and may enter the United States up to 30 days before and remain up to 30 days beyond the designated start and expiration date on the DS-2019. The 30-day limitation does not apply to those returning to continue with the program.

DEPENDENTS

Spouses and unmarried children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative J-2 visas. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visa, or if qualified, travel visa free under the visa waiver program.

There is no requirement that the spouse and/or children of a J-1 visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on a J-2 visa.

The spouse of an exchange visitor may not work in the United States on a derivative J-2 visa unless permission has been obtained in advance from the USCIS. An application for authorization to work can only be made after the J-2 visa holder's arrival in the United States. To obtain the work authorization ,the J-2 visa holder must demonstrate that he or she is not going to work to support the J-1 visitor and that the J-1 visitor has adequate independent and separate means of financial support.