Exchange Visitor Visas

The exchange visitor visa (or, J visa) is for people who want to come temporarily into the United States to participate in an exchange program. To obtain a J visa, a person must be accepted into a program. Some organization (government or private) must create an exchange program and have it approved by the U.S. government. People qualified to participate in these programs are sponsored by the organization that creates and maintains the program; they may not apply for a J visa by themselves. The sponsoring entity applies for the visa on behalf of the potential exchange visitor (similar to the H-1B and L-1 visas).

The Exchange Visitor Program is governed by the Mutual Educational and Cultural Exchange Act of 1961, as amended in 1988; it is also known as the Fulbright-Hays Act. The stated intent is to "increase mutual understanding between the people of the United States and the people of other countries through educational and cultural exchanges." Activities described in the Act are facilitated, in part, through the designation of public and private entities as "sponsors" of the Exchange Visitor Program. Sponsors must be approved ("designated") by the U.S. government, and their activities are closely monitored and regulated.

Via these programs, foreign nationals may visit the United States temporarily to teach, lecture, study, observe, conduct research, consult, train, or to demonstrate special skills. Sponsoring organizations (as so designated by the U.S. government) help foreign nationals come into the United States to complete the objectives of any one of 13 program categories. At the conclusion of their program, participants are expected to return to their home countries.

Non-immigrant visas

Non-immigrant Student visas are designated as M-1 or F-1 visas, and other Exchange Visitor visas are designated as J-1 visas. Dependents of people granted these visas are eligible to apply for M-2, F-2 and J-2 visas, respectively. Dependents are strictly defined as 1) spouses or 2) dependent, unmarried children under the age of 21; dependents are required to reside at the same address as the person issued the M-1, F-1 or J-1 visa.

It should be noted that the depndent spouse of a J-1 visa holder may apply for a working authorization card and take up some forms of employment.

In most cases, an exchange visitor is not eligible to take advantage of the same program again (or must leave the U.S. for two years or more), and time spent on an exchange visa is generally not applicable toward permanent immigration or residency. By definition, the programs are reserved for non-immigrant visit visas to the U.S. and should not be planned as a route for permanent residency.

The two-year foreign residence requirement

If you are subject to the two-year foreign residence requirement, you may not change your status to that of H, L, or K visas, or change status to that of immigrant or legal permanent status until the two-year foreign residence requirement is fulfilled by returing to the country of origin or receiving a waiver.

The majority of visas issued in these Exchange Visitor categories are subject to the two-year foreign residence requirement; it is usually difficult and requires highly unusual circumstances to qualify for a waiver. Most people are subject to this rule. However, it is not always the case. An attorney can find suitable solutions to avoid falling under the rule, or to apply for the waiver, where the circumstances so permit.

One recent and notable exception to this policy has been a change in the Optional Practical Training (OPT) program. Students who qualify for and obtain an H-1B visa may request an extension to their student visa, allowing them to stay in the U.S. for a short time after graduation so that they may switch to H-1B status once they are allowed to begin working under their H-1B visa.

Exchange programs available under the J-1 visa

workpermit.com offers guides to the following exchange program J1 and F1 visas:

• College and university students
• Au pairs
• Foreign physicians

The Exchange Visitor Program is organized as follows:

Private Sector Programs

• Alien Physician

• Au Pair and EduCare

• Camp Counselor

• Student, Secondary School

• Summer Work/Travel

• Teacher

• Trainee and Flight Training

Academic and Government Programs Division

• Government Visitor

• International Visitor

• Professor and Research Scholar

• Short-Term Scholar

• Specialist

• Student, College/University

Student and Exchange Visitor Information System (SEVIS)

Be aware that all visitors to the United States are carefully monitored. A foreign national in the U.S. is responsible to check that all their information is accurate and up-to-date. In the case of Student and Exchange Visitors, sponsors and responsible officers are required by law to update all information on the people they are sponsoring, including records for accompanying spouses and/or any dependent children.

The Student and Exchange Visitor Information System (SEVIS) is an Internet-based system operated by the Department of Homeland Security (DHS) that provides tracking and monitoring of all participants for these programs. Schools and program sponsors are to transmit electronic information and event notifications, via the Internet, to DHS and the Department of State (DoS) throughout a student's or exchange visitor's stay in the United States. Failure to do so may result in loss of ability to sponsor other foreign nationals and/or invalidation of Student or Exchange Visitor visas.

Eligibility Requirements

Sponsors are required to screen and select their program participants according to eligibility criteria under each program category. Some categories require a personal interview as part of the screening/selection process. In addition to program-specific criteria, all participants must satisfy English language proficiency and insurance requirements. Sponsors are to provide participants with pre-arrival information prior to departure from their home countries and with an appropriate orientation. Sponsors are also required to monitor the progress and welfare of the participants in their programs.

Program Extension

A participant's stay under their program may be extended to its maximum regulatory duration by a "responsible officer." Each program has a limit imposed by the regulations specific to that program's category, and/or has limits imposed by a program sponsor.

Extensions beyond the maximum program duration are allowed in some program categories for exceptional or unusual circumstances, with approval from the Department of State. To obtain approval for such extensions, the responsible officer must submit a written request that justifies the petition and provides supporting documentation to the Department of State on behalf of the participant.

Change of Category

A change of category must be "clearly consistent with and closely related to the participant's original exchange objective," and the change must be necessary due to unusual or exceptional circumstances. The responsible officer is required to submit a written request with supporting justification for the change to the Department of State on behalf of the participant.

If the Department of State grants the request, the responsible officer is then authorized to issue a new document that reflects the change. If the request is denied, the participant is expected to leave the United States no later than thirty (30) days from the date of the Department's notice, or the program's end date, whichever is later.

Transfer

The transfer of a participant from one program (sponsor) to another may be allowed at the discretion of the responsible officers, and the transfer must be within the same category. The responsible officer of the program into which the participant wishes to transfer is required to verify the participant's visa status and eligibility, to issue new documents reflecting the transfer, and to obtain the release of the participant from the current responsible officer. The current responsible officer must indicate approval of the transfer by completing and signing the appropriate documents.

Transfers are not permitted in all categories, and a transfer does not extend the maximum duration of the program.