Foreign Exchange Visas

The J-1 visa category is one of the more flexible visa programs and, with the help of a good U.S. Immigration attorney, can be one of the most creative in conforming to your particular needs or circumstances.

Who qualifies for a J-1 Foreign Exchange visa? 

A J-1 visa may be granted to participate in an approved exchange program.  There are a number of such programs and often programs are created and tailored specifically to the needs of the applicant and sponsor.  Exchange programs can be applied to trainees, teachers, foreign medical graduates, students, scholars, camp counselors, au pairs, government visitors, international visitors and participants in summer work/travel programs, to name a few. 

To qualify you must first have been accepted into a designated exchange program as evidenced by Form IAP-37 issued by the program sponsor.  With this, application may be made on a Form DS-156 submitted to the U.S. Consular office where you live.  The consular officer may require additional documents to verify the purpose for obtaining the visa.  The visa may be issued the same day you apply in the form of a stamp in your passport.

What are the eligibility requirements to be accepted into a “designated” program?

You must maintain a residence in your home country to which you intend to return and be a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist or leader in a field of similar description, who is coming temporarily to the United States as a participant in a designated program.

The purpose of this program is to offer cultural and practical education and training that can be of value to the applicant in his or her home country and that will further benefit that country upon completion of the program.  Consequently, a strict requirement at the conclusion of the training period, is that the applicant will return home to reside for a minimum of two years before applying for any of other U.S. visa, other than for very short visits. 

A qualified program must be in existence and offered by a sponsoring person or entity.  Further requirements will vary depending on your circumstances. The following are some typical J-visa examples: 

  

College and university students

You must be pursuing a full course of study leading to a degree from an accredited post-secondary educational institution or be engaged full-time in a non-degree prescribed course of study up to 24 months long at an accredited post-secondary educational institution. Foreign college and university students are eligible for J-1 status if the U.S. government, the government of the student’s home country, or an international organization of which the U.S. is a member, finances them or their programs.  The student is also eligible if his or her educational program is based on an agreement between the U.S. government and a foreign government; a U.S. educational institution and a foreign institution; a U.S. educational institution and a foreign government; or a state or local government in the U.S. and a foreign government.

J-1 Students may employed only where the employment is related to:

• academic funding,
• on-campus work;
• economic necessity;
• or academic training related to your course of study.

Professors and research scholars

Professors and research scholars may be sponsored as J-1 exchange visitors to engage in teaching, lecturing, research, observing or consulting at research facilities, libraries, museums, post-secondary accredited educational institutions or similar institutions. A professor is a qualified individual primarily teaching, observing, lecturing or consulting at post-secondary accredited educational institutions.  A research scholar is a qualified individual conducting research, observing or consulting in connection with a research project at research institutions, corporate research facilities, libraries, museums, post secondary accredited institutions or similar types of institutions.

Short-term scholars

A short term scholar is a professor, research scholar or person with similar education or accomplishments who comes to the U.S. on a short visit for lecturing, consulting, observing, training or demonstrating special skills at research institutions, libraries, museums, post-secondary accredited educational institutions, or similar types of institutions.  This category provides foreign scholars the chance to exchange ideas with American colleagues, participate in education and professional programs, promote professional relationships and communications, and confer on common projects and problems.

Trainees

A trainee participates in a structured program conducted by the sponsor.  This category enhances the exchange visitor’s skills through participation in a program improving his knowledge of American techniques, expertise and methodologies.

Specialists

A specialist is an expert in a field of specialized knowledge or skill who comes to the U.S. for consulting, observing or demonstrating special skills.  This does not include research scholars, professors, short-term scholars or alien physicians.  The purpose of this category is to promote exchange of knowledge and skills between foreign and U.S. specialists.

Foreign medical graduates

A foreign medical graduate is a graduate from medical school in our outside the U.S. Foreign medical graduates may come to the U.S. as exchange visitors to consult, teach, observe or do research.  To be eligible as a foreign medical graduate you must meet the following requirements:

• The school must be accredited by bodies approved by the Secretary of Education and must agree in writing to assume responsibility for your education or training.  Any participating hospital must join in the agreement;
• Before making the agreement, the school must be satisfied that you are a graduate of a school of medicine that is accredited by a body approved by the Secretary of Education or that you have passed Parts I and II of the National Board of Medical Examiners examination, are competent in oral and written English, adaptable to the educational a cultural environment at the place of study or training and have adequate education and training; and
• You must have made a commitment to return to your home country after the training and that country must have provided written assurance that there is a need in that country for persons with the skill acquired by you through the training.

International visitors

An international visitor is a leader selected by the State Department Bureau of Educational and Cultural Affairs for observation, consultation, training, research or demonstration of skills in the U.S.  These individuals are selected in order to enable a better understanding of American culture and society and contribute to enhance American knowledge of foreign cultures.

Government visitors

A government visitor is an influential or distinguished individual selected by A U.S., federal, state, or local government for consultation, observation, training or demonstration of special skills in the U.S. These exchange visitors can participate in discussions, professional meetings, workshops, travel, observation tours, consultations, and conferences. This category is appropriate for labor leaders, business and professional persons, editors, and government officials.
 

Teachers

Teachers may be sponsored as exchange visitors to teach full time at accredited primary or secondary schools.  Teacher exchanges are to promote interchange of American and foreign teachers to teach in the U.S., participate in cross-cultural activities and return home to share their experiences.  To qualify, you must:

• Be qualified to teach primary or secondary school in your home country and the U.S. State in which you will teach;
• Be of good character and reputation
• Seek to come to teach full time; and
• Have at least 3 years teaching or related professional experience.

Secondary school students

Secondary school students may come to the U.S. as exchange visitors to study at an U.S. public or private secondary school, while living with a U.S. host family or an accredited U.S. boarding school.  Students must participate in a full course of study at an accredited educational institution for at least one and not more than two academic semesters. Students must be bona-fide secondary school students, demonstrate good character and scholastic aptitude and have not previously participated in a student exchange program in the U.S.

Tip: Compare to the F-1 visa category.  Students who are J-1 must agree to return to their native country for at least two years after completion of their studies whereas F-1 students may remain for a year of employed practical training, continue in another course of study or adjust their status to another visa category such as H1-B.

Camp counselors

A camp counselor is someone selected to be a counselor in a summer camp in the U.S. who imparts skill to American campers and information about his country and culture.  Camp counselors must be at least 18 years old and must be bona-fide youth workers, teachers, students or individuals with special skills.

Au pairs

An au pair is permitted to enter the U.S. under the exchange program to live with a U.S. host family and participate in the home life of the family while providing limited child care services and attending a U.S. post-secondary educational institution.  You must be between the ages of 18 and 26, a high school graduate and proficient in English.

Summer student travel/work programs

This category authorizes foreign university students to travel and work in the U.S. during their summer vacation to involve the students directly in the daily life of this country through temporary employment opportunities.  The employment must be of a commercial and industrial nature.

How does a program become “designated”? 

The J-1 exchange visitor program is administered by the U.S. Department of State’s Bureau of Educational and Cultural Affairs (ECA) through the Office of Exchange Coordination and Designation (ECD).  The ECD is divided into two divisions, one for government and academic programs, and the other for private programs including trainees, camp counselors, au pairs and work programs.  The sponsor of the foreign exchange program must satisfy the following criteria when applying to the U.S.:

• State Department ECA approval of the foreign exchange program;
• The program must provide for at least 5 exchange visitors per year
• The program must be a bona fide educational and cultural exchange program, and the applicant should be clearly define the specific purposes and objectives of the program;
• The program must be reciprocal whenever possible;
• The program must provide cross-cultural activities for the exchange visitor;
• Applicants must provide information regarding the sponsoring organization’s legal status, citizenship, accreditation and licensure;
• Applicants must assure that the program purpose of the program is not to fill staff vacancies and that the program will not adversely affect the U.S. labor market;
• All non-governmental sponsored programs must allow for a minimum stay in the U.S. for any exchange visitor, except short-term scholars, of three weeks;
• Applicants must assure that every exchange visitor will be adequately covered with insurance while participating in the exchange program;
• Applicants should provide full details regarding the selection, orientation, placement, evaluation and supervision of the exchange visitors; and
• Non-governmental applicants must show that they are financially stable and that they will be able to fulfill all of their financial duties related to the exchange visitor program, including the ability to provide return-trip airfare for exchange visitors to their home countries.

How long is a J-1 visa valid? 

The validity depends on the exchange program in which you participate.  Generally J-1 is issued for the duration of the program.  The maximum allowable periods of stay for each category are:

•  Au pairs: one year
• Teachers: 3 years
• International visitors: one year
• Short-term scholars: four months
•  Specialists: one year
• Trainees: 18 months, 24 months for those coming for flight training
• Government visitors: 18 months
• Professors and research scholars: 3 years
• College and university students: Duration of course of study for those in a degree program; limit of 24 months for those in a non-degree program.  18 months of academic training are also allowed (36 months for those in post doctoral programs).

Extensions are allowable only up to the maximum allowable period of stay for each category.

Who qualifies for a J-2 visa?

Spouses and minor children that accompany or join a J-1 visa holder are issued J-2 visas.

What are the requirements of a J-2 Visa?

You must show appropriate relationship to the J-1 holder and that there is financial support for your stay in the U.S.  Application is made on a Form DS-156 submitted to the U.S. Consular office where you live.  The consular officer may require additional documents to verify the purpose for obtaining the visa.

  

Can J-1 dependants be employed? 

Yes.  J-2 visa holders may work in the U.S.  Work may be authorized for up to the duration of the J-1 visa holder’s stay or 4 years, which ever is shorter.

How long is a J-2 visa valid?

You are admitted for the duration of the J-1 visa holder’s stay.