Individuals come to the U.S. as exchange visitors in order to participate in a number of programs sponsored by U.S. organizations such as government agencies, educational and cultural organizations, and corporations. For example, they may come as students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs. Each category of exchange visitor has specific requirements, such as the duration of the program, qualifications, and benefits. For definitions of some of the categories most frequently used to bring exchange visitors to the United States click here.

Applying for an Exchange Visitor 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. Blank forms are available without charge at all U.S. consular offices;
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. A completed Form IAP-66.
5. Evidence of strong ties to the applicants home country which s/he has no intention of abandoning, and that s/he will return home following the exchange visitor program
6. Individuals must show they have the academic qualifications, including English proficiency needed to participate in the program

Other requirements and issues
There are also other requirements which must be followed by individuals participating in exchange visitor programs. Most of these requirements are offered through the program sponsor. These include:

Orientation - designed to introduce exchange visitors to the United States and the community in which they are living, their responsibilities as exchange visitors, as well as program regulations and benefits, and other issues which provide resources for a successful exchange program.

Cross Cultural Opportunities - program sponsors are required to offer exchange visitors opportunities to interact with other Americans, as well as to learn about American culture and society.

Health Insurance - Exchange visitors are required to maintain health insurance for themselves and their J-2 dependents at all times during their stay in the United States. There are specific amounts of insurance which must be purchased, it must be backed by the full faith of their government, and must meet certain insurance guidelines outlined in the regulations. Most program sponsors offer low cost group insurance packages which meet these requirements.

Compensation - J-1 non-immigrants who are selected to participate in these exchange programs may only accept compensation or pay from the source and for the activity listed on their immigration document, which is known as an IAP-66. They may engage in certain other forms of employment if they have the written permission of their program sponsor. Their program sponsor is listed on their IAP-66. The person who is approved to issue the IAP-66, advise the exchange visitor, and grant certain benefits is called the Responsible Officer or Alternate Responsible Officer.

Employment by J-1 students - J-1 students may generally work on campus 20 hours per week on campus when school is in session and full time during periods of approved vacation. They may also be granted Academic Training under the terms and conditions of their status. For more information about Academic Training for Exchange Visitor students click here.

Extensions of stay - Exchange visitors who are eligible, may apply for extensions of stay in order to obtain permission to stay in this country. In order to be eligible, exchange visitors should contact the Responsible Officer (RO) or Alternate Responsible Officer (ARO) of their program. Generally, in order to qualify, the Exchange visitor must:

• be working towards the objective shown on the most recent form IAP-66;
• be maintaining status as an exchange visitor including meeting the insurance requirements;
• demonstrate adequate funding for the period of the proposed extension; and
• must be within the time frames allowed under the law both for the duration of the program and the window of time during which extensions applications are permitted.

Extensions meeting the time limitations allowed under the law are permitted by leaving the United States and re-entering with a new IAP-66. Some difficulties in using this method may be encountered, however, if the exchange visitor travels to Canada, Mexico, or the Caribbean Islands for less than 30 days or if s/he is out of status. This is because the INS inspector at the port of entry may hand back the new Form IAP-66 intact and unmarked, and refuse to record the re-entry. If this happens, the exchange visitor will have to proceed as through s/he had not gone abroad and either leave North America and reenter again, or else carry out either a "reinstatement" procedure, or extension of stay procedure.

Traveling Abroad - Exchange visitors who travel abroad will need a valid J-1 visa stamp to re-enter the United States (unless a Canadian citizen). If the exchange visitors stamp has expired, s/he will have to apply for a new one at a United States consulate abroad. Besides form IAP-66 and a valid, unexpired passport, and those for his or her accompanying dependents, the Consular Officer may want to see proof of funding. The consular officer will either want to see a new IAP-66, or a valid, current IAP-66 with a recent endorsement by the RO or ARO. (Students may also be asked for a transcript.) Dependents of the exchange visitor will need J-2 visas, and the exchange visitor should be prepared to show proof of marriage and documentation of parenthood for each child.

Reinstatement to Valid Program Status - Exchange Visitors who fail to maintain status under limited conditions, may have their status reinstated. The Responsible Officer and Alternate Responsible Officer may reinstate an exchange visitor for certain technical violations. All other violations must be approved by the Department of State. Certain violations are considered so serious by the Department of State that they preclude reinstatement. These include:

 

• Knowingly or willfully failing to obtain or maintain required health insurance at all times while in the United States;
• Engaging in unauthorized employment;
• If an Exchange visitor has been suspended or terminated from the most recent exchange visitor program;
• If the exchange visitor fails to maintain valid program status for more than 270 calendar days; If the Exchange visitor received a favorable recommendation from the Department of State on an application for a waiver of the two year home residency requirement; and/or
• Fails to pay the CIPRIS fee.

Technical Violations which may be approved by the RO and ARO include:

• Failure to extend the form IAP-66 in a timely manner (prior to the end date on the current Form IAP-66) due to inadvertence or neglect on the part of the Program sponsor or on the part of the Exchange visitor;
• Failure to complete the transfer process prior to the end date on the current Form IAP-66 due to administrative delay or oversight, inadvertence or neglect on the part of the program sponsor or the alien;
• Failure on the part of the exchange visitor to receive prior approval or an amended Form IAP-66 before accepting an honorarium or other type of payment for engaging in activities which normally would have been approved.

Violations which must be approved by the Department of State with a recommendation from the RO or ARO include:

• Failure to maintain valid program status for more than 120 days after the end date on the current Form IAP-66; and
• If a student, failure to maintain a full course of study without prior permission from the RO or ARO, and the student's academic advisor.
• Technical Corrections made by the RO or ARO.

"Academic Training" for Students in J-1 Status

Two Year Home Country Residency Requirement
In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency. That requirement is known as the two year home residency requirement or section 212(e) of the INA.

This requirement may be imposed on an exchange visitor because of funding from a source such as his/her home government, the U.S. government, or an international organization such as the United Nations. The requirement may also be imposed if their skills are needed by their home country as indicated in the Exchange Visitor Skills List, or if the person came to the United States to receive graduate medical education or training. Thomas Bassett and Associates is able to assist individuals seeking a waiver of this two year home residency requirement.

In order to obtain a waiver of this requirement, the person who is in J exchange visitor status must show that:

• S/he has a bona fide fear of persecution if he returns home;
• His/her home country has issued a no-objection statement;
• There is a U.S. Government Agency which is interested in utilizing the skills or expertise of this individual and they have requested a waiver on his/her behalf; or
• A return to the persons home country would impose an unforseen hardship on the exchange visitors U.S. citizen or permanent resident spouse or child.

The Q-1 International Cultural Exchange Visa
Another Exchange Program is known as the International Cultural Exchange Program. A Q-1 visa is issued to an individual participating in an international cultural exchange program approved and designated by the U.S. Attorney General for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the person's nationality. The program applies to an employer who ahs employees not simply as an agent or office and provides on a regular, continuous systematic basis goods and services, including lectures, seminar, and other types of cultural programs. Status as a Q-1 cannot exceed 15 months.

The P-2 artist or entertainer
The P-2 classification applies to a person who is coming temporarily to the United States to perform as an artist or entertainer, individually or as part of a group, or to perform as an integral part of the performance of such a group, and who seeks to perform under a reciprocal exchange program. Generally this exchange program is arranged between an organization or organizations in the United States and an organization or organizations in one or more other countries. These organizations are involved in the temporary exchange or artists and entertainers, or groups of artists and entertainers.

The P-2 petition must be filed by the United States labor organization which negotiated the reciprocal exchange agreement, the sponsoring organization, or a United States employer.

For more information about this visa category, or for assistance in preparing a petition for a person coming to the U.S. as an artist or entertainer in this category, please contact Thomas Bassett and Associates.

The Irish Peace Process Cultural and Training Program

In this section see also:

Visiting America
Temporary Working Visas
K-1 Fiancee Visas
Studying in the USA
Reentry into the USA by Non-immigrant Aliens Holding Expired Visas
Passport Validity